Family Division Registrar (Change of Status and Title) (Jersey) Law 2025

Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 Contents Article 1 Royal Court (Jersey) Law 1948 amended . 2 2 Consequential amendments . 4 3 Citation and commencement 4 Schedule 5 consequential amendments 5 1 Child Custody (Jurisdiction) (Jersey) Law 2005 . 5 2 Children (Jersey) Law 2002 . 5 3 Civil Partnership (Jersey) Law 2012 . 6 4 Corruption (Jersey) Law 2006 . 6 5 Court of Appeal (Jersey) Law 1961 . 7 6 Employment of States of Jersey Employees (Jersey) Law 2005 . 7 7 Matrimonial Causes (Jersey) Law 1949 . 7 8 Public Employees (Pensions) (Jersey) Law 2014 . 7 Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 A LAW to change the status and title of the Registrar of the Family Division of the Royal Court and for connected purposes. Adopted by the States 12 November 2024 Sanctioned by Order of His Majesty in Council 5 February 2025 Registered by the Royal Court 14 February 2025 Coming into force in accordance with Article 3 THE STATES , subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law – 1 Royal Court (Jersey) Law 1948 amended ( 1 ) This Article amends the Royal Court (Jersey) Law 1948 . ( 2 ) In Article 7 (oath of Jurat), in paragraph (1) for “in Schedule 2” there is substituted “in Form 1 in Schedule 2”. ( 3 ) In Article 11 (oath of Commissioner), in paragraph (1) for “in Schedule 2” there is substituted “in Form 2 in Schedule 2”. ( 4 ) After Article 12 (powers of Commissioners) there is inserted – “Part 2A family judges 12A Appointment of Family Judge ( 1 ) The Bailiff may appoint qualified people to carry out judicial functions in relation to proceedings within the jurisdiction of the Family Division (see Article 14), and a person so appointed is to be known as a “Family Judge”. ( 2 ) A person is not qualified to be appointed as a Family Judge unless the person – ( a ) holds or has held judicial office in the Commonwealth; ( b ) has been at least 10 years in practice in Jersey, whether as a Law Officer of the Crown or otherwise – ( i ) at the Bar, or ( ii ) as a solicitor ( écrivain ) of the Royal Court; or ( c ) has been at least 10 years in practice at the Bar, or as a solicitor, in England and Wales, Scotland, Northern Ireland, Guernsey, or the Isle of Man. ( 3 ) A Family Judge is entitled to – ( a ) the remuneration that is determined by the States Employment Board after consultation with the Bailiff and negotiation with the Family Judge; ( b ) reimbursement of all travel and other expenses incurred by them in the discharge of their functions; and (c) a pension. ( 4 ) Monies payable under paragraph (3) must be paid out of the annual income of the States. ( 5 ) The Bailiff may, if the Bailiff thinks fit, terminate the appointment of a Family Judge. 12B Oath of Family Judge A Family Judge must, on taking office, take oath of office in the Royal Court in the form set out in Form 3 in Schedule 2. 12C Regulations The States may by Regulations amend this Law and any other enactment (whenever made) to make incidental, supplementary, consequential or transitional provision as the States think necessary or expedient as a result of the creation of the office of Family Judge.”. ( 5 ) In Article 20 (temporary substitution of office holders), for sub-paragraphs (e) and (f) there is substituted – “(e) Judicial Greffier ; (f) Greffier of the States; or (g) Family Judge,”. ( 6 ) In Article 21A (savings and transitional provision) after paragraph (4) there is inserted – “(5) Paragraphs (6) and (7) apply in relation to a person who, immediately before the date on which the Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 comes into force (the “relevant date”), was – ( a ) designated by the Judicial Greffier under Article 6 of the Departments of the Judiciary and the Legislature (Jersey) Law 1965 ; ( b ) authorised by the Judicial Greffier , under Article 9(6) of the Departments of the Judiciary and the Legislature (Jersey) Law 1965 , to carry out judicial functions that may be undertaken by the Judicial Greffier under Article 3(4) of the Matrimonial Causes (Jersey) Law 1949 and Rule 2 of the Matrimonial Causes Rules 2005 ; and ( c ) known as a Family Division Registrar. (6) The person is treated on and after the relevant date as if they have – ( a ) been appointed under Article 12A (1); and ( b ) taken the oath of office mentioned in Article 12B. (7) For the purposes only of a claim under Part 6, 6A or 7 of the Employment (Jersey) Law 2003 , the person is not to be treated as having been an employee immediately before the relevant date.”. ( 7 ) In Schedule 2, after Form 2 there is inserted – “Form 3 (Article 12B) Oath of office of family judge You swear and promise before God that well and faithfully you will exercise the office of Family Judge; that you will be faithful and bear true allegiance to His Majesty King Charles the Third, his heirs and successors, according to law; that you will uphold and maintain the laws and usages and the privileges and freedoms of Jersey and that you will vigorously oppose whomsoever may seek to destroy them; and that you will administer justice to all manner of persons without favour or partiality.”. 2 Consequential amendments The Schedule contains consequential amendments. 3 Citation and commencement This Law may be cited as the Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 and comes into force on a day to be specified by the Minister for Justice and Home Affairs by Order. Schedule (Article 2) consequential amendments 1 Child Custody (Jurisdiction) (Jersey) Law 2005 ( 1 ) This paragraph amends the Child Custody (Jurisdiction) (Jersey) Law 2005 . ( 2 ) In Article 1(1) (interpretation) – ( a ) in paragraph (a) of the definition “certified copy”, for “the Greffier ” there is substituted “a Family Judge”; ( b ) after the definition “Court” there is inserted – “ “ Family Judge ” has the meaning given in Article 12A (1) of the Royal Court (Jersey) Law 1948 ;”; ( c ) the definition “ Greffier ” is deleted . ( 3 ) In Article 11(1) (registration of Part I order) – ( a ) for “the Greffier ” in the first place it appears there is substituted “a Family Judge”; ( b ) for “the Greffier ” in the second place it appears there is substituted “the Family Judge” . ( 4 ) In Article 12(1) (cancellation and variation of registration) – ( a ) for “the Greffier ” in the first place it appears there is substituted “a Family Judge”; ( b ) for “the Greffier ” in the second place it appears there is substituted “the Family Judge”. ( 5 ) After Article 25 (Rules of Court) there is inserted – “ 25A Savings The amendment of Articles 1(1), 11(1) and 12(1) by the Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 (the “amending Law”) does not invalidate any proceedings that have commenced but have not been concluded when the amending Law comes into force, and does not affect anything done before that time in respect of any proceedings.”. 2 Children (Jersey) Law 2002 ( 1 ) This paragraph amends the Children (Jersey) Law 2002 . ( 2 ) In Article 1(1) (interpretation), after the definition “family assistance order” there is inserted – “ “ Family Judge ” has the meaning given in Article 12A (1) of the Royal Court (Jersey) Law 1948 ;”. ( 3 ) In Article 67(2)(g) (Rules of Court), after “Judicial Greffier ” there is inserted “or the Family Judge”. ( 4 ) In Article 68(1)(a) (appeals), for “the Judicial Greffier ” there is substituted “a Family Judge”. ( 5 ) In Schedule 5 (transitional provisions and savings), after paragraph 10 (foster children) there is inserted – “11 Active proceedings, etc The amendment of Articles 67(2)(g) and 68(1)(a) by the Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 (the “amending Law”) does not invalidate any proceedings that have commenced but have not been concluded when the amending Law comes into force, and does not affect anything done or any right of appeal arising before that time in respect of any proceedings.”. 3 Civil Partnership (Jersey) Law 2012 ( 1 ) This paragraph amends the Civil Partnership (Jersey) Law 2012 . ( 2 ) In Article 1 (interpretation), after the definition “Deputy Superintendent Registrar” there is inserted – “ “ Family Judge” has the meaning given in Article 12A (1) of the Royal Court (Jersey) Law 1948 ;”. ( 3 ) In Article 27 (jurisdiction) – ( a ) paragraph (6) is deleted; ( b ) in paragraph (7) – ( i ) for “the Judicial Greffier ” there is substituted “a Family Judge”, ( ii ) for “paragraph (6)” there is substituted “Article 69(b)”. ( 4 ) In Article 69(b) (Rules of Court), after “Judicial Greffier ” there is inserted “or the Family Judge”. ( 5 ) After Article 72A (fees) there is inserted – “ 72B Savings The amendment of Articles 27 and 69(b) by the Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 (the “amending Law”) does not invalidate any proceedings that have commenced but have not been concluded when the amending Law comes into force, and does not affect anything done or any right of appeal arising before that time in respect of any proceedings.”. 4 Corruption (Jersey) Law 2006 In Article 4(1) (meaning of “public official”) of the Corruption (Jersey) Law 2006 , after sub-paragraph (f) there is inserted – “(f a ) a Family Judge appointed under Article 12A (1) of the Royal Court (Jersey) Law 1948 ;”. 5 Court of Appeal (Jersey) Law 1961 In Article 12(2) (jurisdiction) of the Court of Appeal (Jersey) Law 1961 , after “Judicial Greffier ” there is inserted “or a Family Judge appointed under Article 12A (1) of the Royal Court (Jersey) Law 1948 ”. 6 Employment of States of Jersey Employees (Jersey) Law 2005 In the list in Schedule 1 (offices the holders of which are not States’ employees) to the Employment of States of Jersey Employees (Jersey) Law 2005 , after “Magistrate” there is inserted “Family Judge appointed under Article 12A (1) of the Royal Court (Jersey) Law 1948 ”. 7 Matrimonial Causes (Jersey) Law 1949 ( 1 ) This paragraph amends the Matrimonial Causes (Jersey) Law 1949 . ( 2 ) In Article 1 (general definitions), after the definition “court” there is inserted – “ “ Family Judge ” has the meaning given in Article 12A (1) of the Royal Court (Jersey) Law 1948 ;”. ( 3 ) In Article 3 (jurisdiction of the Royal Court in matrimonial causes) – ( a ) paragraph (3) is deleted; ( b ) in paragraph (4), after “Judicial Greffier ” there is inserted “or the Family Judge”; ( c ) for paragraph (5) there is substituted – “( 5 ) An order made or direction given by a Family Judge in pursuance of rules of court made under paragraph (4) is subject to appeal in the first instance to the Royal Court.”. ( 4 ) Article 4(2) (the Bailiff, Jurats and officers of the court) is deleted. ( 5 ) In Article 44 (savings), after paragraph (2) there is inserted – “( 3 ) The amendment of Article 3 by the Family Division Registrar (Change of Status and Title) (Jersey) Law 2025 (the “amending Law”) does not invalidate any proceedings that have commenced but have not been concluded when the amending Law comes into force, and does not affect anything done or any right of appeal arising before that time in respect of any proceedings .”. 8 Public Employees (Pensions) (Jersey) Law 2014 In Article 1 (interpretation) of the Public Employees (Pensions) (Jersey) Law 2014 , after paragraph (2)(e) there is inserted – “( ea ) a Family Judge appointed under Article 12A (1) of the Royal Court (Jersey) Law 1948 ;”.