Child Abduction and Enforcement of Custody Orders Act 1991 (Section 4) (Hague Convention) Order 2011.

• Published date: 29 July 2011
• Statutory Instrument No.: 400/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th July, 2011.

I, EAMON GILMORE, Minister for Foreign Affairs and Trade, in exercise of the powers conferred upon me by section 4 of the Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6 of 1991), hereby order as follows:

1. This Order may be cited as the Child Abduction and Enforcement of Custody Orders Act 1991 (Section 4) (Hague Convention) Order 2011.

2. It is declared—

(a) that the states specified in Schedule 1 to this Order are Contracting States for the purposes of Part II of the Child Abduction and Enforcement of Custody Orders Act 1991 ;

(b) that declarations (the texts of which in the English language are set out in Part 1 of Schedule 2 hereto) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands pursuant to Articles 39 and 40 of the Convention; and

(c) that reservations (the texts of which in the English language are set out in Part 2 of Schedule 2 hereto) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands pursuant to Articles 24 and 26 of the Convention.

3. The Child Abduction and Enforcement of Custody Orders Act 1991 (Section 4) (Hague Convention) Order 2008 ( S.I. No. 220 of 2008 ) is revoked.

4. This Order shall come into operation on 20 July 2011.

SCHEDULE 1

Albania Finland Paraguay Argentina France Peru Armenia Former Yugoslav Republic of Macedonia Poland Australia Georgia Portugal Austria Germany Romania Bahamas Greece Saint Kitts & Nevis Belarus Guatemala San Marino Belgium Honduras Serbia Belize Hungary Seychelles Bosnia & Herzegovina Iceland Slovakia Brazil Israel Slovenia Bulgaria Italy South Africa Burkina-Faso Latvia Spain Canada Lithuania Sri Lanka Chile Luxembourg Sweden China (Convention applicable to Hong Kong and Macao Special Administrative Regions only) Malta Switzerland Colombia Mauritius Thailand Costa Rica Mexico Trinidad and Tobago Croatia Moldova Turkey Cyprus Monaco Turkmenistan Czech Republic Montenegro Ukraine Denmark Morocco United Kingdom of Great Britain and Northern Ireland Dominican Republic Netherlands United States of America Ecuador New Zealand Uruguay El Salvador Nicaragua Uzbekistan Estonia Norway Venezuela Fiji Panama Zimbabwe

SCHEDULE 2

PART 1

Australia

“The Convention extends to the legal system applicable only in the Australian States and mainland Territories.” — 29 October 1986

Canada

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Provinces of Ontario, New Brunswick, British Columbia and Manitoba.” — 2 June 1983

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Province of Nova Scotia.” — 24 February 1984

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Province of Newfoundland.” — 5 July 1984

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Province of Quebec.” — 9 October 1984

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Yukon Territory.” — 15 November 1984

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Province of Prince Edward Island.” — 11 February 1986

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Province of Saskatchewan.” — 7 August 1986

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Province of Alberta.” — 4 November 1986

“... in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Northwest Territories.” — 25 January 1988

“In accordance with the provisions of Article 40 of the Convention, the Government of Canada declares that, in addition to the provinces of Ontario, New Brunswick, British Columbia, Manitoba, Nova Scotia, Newfoundland, Quebec, Prince Edward Island, Saskatchewan, Alberta, the Yukon Territory and the Northwest Territories, the Convention shall extend to Nunavut. The Government of Canada further declares that the Convention now extends to all the territorial units of Canada.” — 26 October 2000

Denmark

“... pursuant to the provisions of Article 39, paragraph 1, the Convention shall not be applicable to the territories of the Faroe Islands and Greenland...” — 17 April 1991

France

“... 4) In accordance with the provisions of Article 39, the Government declares that the Convention shall extend to the whole of the territory of the French Republic.” — 16 September 1982

United Kingdom of Great Britain and Northern Ireland

“In accordance with Article 39 of the Convention, the United Kingdom will notify the depositary in due course of the territories for the international relations of which it is responsible, to which the Convention is to be extended.” — 20 May 1986

“The Isle of Man” — 28 June 1991

“Falkland Islands” — 26 March 1998

“Cayman Islands” — 8 May 1998

“Montserrat” — 8 December 1998

“Bermuda” — 21 December 1998

“Jersey” — 19 December 2005

“Anguilla” — 13 June 2007

PART 2

Albania

“In accordance with Article 42 of the Convention, the Republic of Albania reserves the right that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.” — 4 May 2007

Armenia

“1. With regard to Article 24, applications, communications or other documents sent to the Central Authority of the Republic of Armenia shall be in original languages and shall be accompanied by a translation into Armenian or, where that is not feasible, a translation into English.

2. With regard to Article 26, the Republic of Armenia shall not be bound to assume any costs referred to in Article 26, second paragraph, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.” — 1 March 2007

Belarus

“The Republic of Belarus declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of this Convention resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.” — 12 January 1998

Belize

“1. Any application or other documents transmitted to the Central Authority under the Convention must be accompanied by a translation in English and not in French and

2. Belize will not be bound to assume any costs relating to applications under the Convention resulting from the participation of legal counsel or advisers, or from court proceedings, except insofar as these costs may be covered by its system of legal aid and advice.” — 22 June 1989

Brazil

“... with a reservation as provided for in Article 24 of the said Convention (permitted under Article 42), to the effect that foreign documents appended to legal instruments must be accompanied by a translation into Portuguese done by a sworn translator.” — 19 October 1999

Bulgaria

“In accordance with Article 42, paragraph 1, of the Convention, the Republic of Bulgaria declares it shall not be bound to assume any costs and expenses resulting from proceedings or, where applicable, those arising from the participation of legal counsel and those of returning the child.” — 20 May 2003

Canada

“In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Provinces of Ontario, New Brunswick and British Columbia, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province concerned.” — 2 June 1983

“In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Nova Scotia, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province of Nova Scotia.” — 24 February 1984

“In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Newfoundland, Canada will...