Child Abduction and Enforcement of Custody Orders Act, 1991 (Section 18) (Luxembourg Convention) Order, 2001

• Date: 07 November 2001
• Statutory Instrument No.: 508/2001

I, Brian Cowen, T.D., Minister for Foreign Affairs, in exercise of the powers conferred upon me by section 18 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 18) (Luxembourg Convention) Order, 2001.

2. It is hereby declared -

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

(b) that reservations (the texts of which in the English language are set out in Part I of the Second Schedule hereto) have been made to the Secretary General of the Council of Europe pursuant to Article 6, paragraph 3, or Article 17 or Article 18 of the Convention;

(c) that declarations (the texts of which in the English language are set out in Part II of the Second Schedule hereto) have been made to the Secretary General of the Council of Europe pursuant to Articles 24 or 25 of the Convention; and

(d) that a notification (the text of which in the English language is set out in Part III of the Second Schedule hereto) has been made to the Secretary General of the Council of Europe pursuant to Article 20 of the Convention.

3. The Child Abduction and Enforcement of Custody Orders Act, 1991 (Contracting States) (Luxembourg Convention) Order, 1997 ( S.I. No 124 of 1997 ) and the Child Abduction and Enforcement of Custody Orders Act, 1991 (Contracting States) (Luxembourg Convention) Order, 1998 ( S.I. No 237 of 1998 ) are hereby revoked.

4. This Order shall come into operation on the 12th day of November 2001.

FIRST SCHEDULE

The State Germany Norway Austria Greece Poland Belgium Iceland Portugal Cyprus Italy Slovak Republic Czech Republic Liechtenstein Spain Denmark Luxembourg Sweden Estonia Malta Switzerland Finland Netherlands Turkey France United Kingdom

SECOND SCHEDULE

PART I

The State

“In accordance with the provisions of paragraph 1 of Article 17 of the Convention, Ireland reserves the right to refuse recognition or enforcement of decisions relating to custody in cases covered by Articles 8 and 9 or either of these Articles, on any of the grounds mentioned in Article 10.” - 28 June 1991

Czech Republic

“Pursuant to Article 17, paragraph 1 of the Convention, the Czech Republic makes the reservation that, in cases covered by Articles 8 and 9 of the Convention, recognition and enforcement of decisions relating to the custody of children or the restoration of the custody of children may be refused on such grounds provided under Article 10, paragraph 1 of the Convention.” - 22 March 2000

Denmark

“By virtue of the provisions of paragraph 1 of Article 27, the central authority of the Kingdom of Denmark will not accept communications made in French or accompanied by a translation into that language (cf. paragraph 3 of Article 6). By virtue of the provisions of paragraph 1 of Article 27, the Kingdom of Denmark reserves the right, in cases covered by Articles 8 and 9 or either of these Articles, to refuse recognition and enforcement of decisions relating to custody on any of the grounds provided under Article 10 (cf. Article 17).” - 10 April 1991

Estonia

“Pursuant to Article 6, paragraph 3, of the Convention, the Republic of Estonia shall apply the provisions of Article 6, paragraph 1, partially and accept communications which are made in English or accompanied by a translation into English.” - 17 May 2001

Finland

“Finland declares, according to Article 27 and Article 6, paragraph 3 of the Convention, that it reserves the right to accept only communications made in English or accompanied by a translation into English. Finland declares, according to Article 27 and Article 17 of the Convention, that in cases covered by Articles 8 and 9 of the Convention, recognition and enforcement of decisions relating to custody may be refused on any of the grounds mentioned in Article 10.” - 28 April 1994

Germany

“The Federal Republic of Germany declares in accordance with paragraph 3 of Article 6 that it excludes the provisions of paragraph 1.b of Article 6 also in cases covered by...