Child abduction and enforcement of custody orders act, 1991

Act Number6
Enactment Date27 March 1991


Number 6 of 1991


CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, construction and commencement.

2.

Interpretation.

PART II

The Hague Convention

3.

“Contracting State”.

4.

Contracting States and declarations, reservations, withdrawals and denunciations under Hague Convention.

5.

Evidence of decisions and determinations of authorities of Contracting States and other matters relating to Hague Convention.

6.

Hague Convention to have the force of law.

7.

Jurisdiction of the Court for purposes of Part II.

8.

Central Authority for purposes of Hague Convention.

9.

Application for return of child removed to the State.

10.

Application for return of child removed from the State.

11.

Operation of this Part not to affect jurisdiction of the Court.

12.

Interim powers of the Court for the purposes of Part II.

13.

Notice and stay of certain proceedings for purposes of Part II.

14.

Reports for purposes of Part II.

15.

Declaration by the Court of wrongful removal of child.

16.

Provision of certain documents by courts in the State for purposes of Hague Convention.

PART III

The Luxembourg Convention

17.

Interpretation of Part III.

18.

Contracting States and declarations, reservations, withdrawals, notifications and denunciations under Luxembourg Convention.

19.

Evidence of decisions and declarations of authorities of Contracting States and other matters relating to Luxembourg Convention.

20.

Application of this Part.

21.

Luxembourg Convention to have the force of law.

22.

Central Authority for purposes of Luxembourg Convention.

23.

Jurisdiction of the Court for purposes of Part III.

24.

Applications for recognition and enforcement of custody decisions in the State.

25.

Applications in the first instance to the Court.

26.

Interim powers of the Court for the purposes of Part III.

27.

Notice and stay of certain proceedings for purposes of Part III.

28.

Refusal of application for recognition or enforcement of custody decision in the State.

29.

Enforcement of custody decisions.

30.

Reports for purposes of Part III.

31.

Variation and revocation of custody decisions.

32.

Applications for recognition and enforcement of custody decisions in another Contracting State.

33.

Provision of certain documents by courts in the State for purposes of Luxembourg Convention.

34.

Declaration by a court of unlawful removal of child.

PART IV

Supplementary

35.

Termination of existing custody orders.

36.

Power of the Court to order disclosure of child's whereabouts.

37.

Power of Garda Síochána to detain a child and matters consequential upon such detention.

PART V

Miscellaneous

38.

Rules of court.

39.

Amendment of Judicial Separation and Family Law Reform Act, 1989.

40.

Costs.

41.

Regulations.

42.

Laying of orders and regulations before Houses of Oireachtas.

43.

Expenses.

FIRST SCHEDULE

Text of the Convention on the Civil Aspects of International Child Abduction

SECOND SCHEDULE

Text of the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children


Acts Referred to

Children Act, 1908

1908, c. 67

Courts (Supplemental Provisions) Acts, 1961 to 1988

Guardianship of Infants Act, 1964

1964, No. 7

Health Act, 1970

1970, No. 1

Judicial Separation and Family Law Reform Act, 1989

1989, No. 6


Number 6 of 1991


CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991


AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION SIGNED AT THE HAGUE ON THE 25th DAY OF OCTOBER, 1980, AND THE EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON RESTORATION OF CUSTODY OF CHILDREN SIGNED AT LUXEMBOURG ON THE 20th DAY OF MAY, 1980, AND TO PROVIDE FOR MATTERS CONSEQUENT UPON AND OTHERWISE RELATED TO THE MATTERS AFORESAID. (27th March, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title, construction and commencement.

1.—(1) This Act may be cited as the Child Abduction and Enforcement of Custody Orders Act, 1991.

(2) The Courts (Supplemental Provisions) Acts, 1961 to 1988, and this Act, insofar as it affects the jurisdiction or procedure of any court in the State, shall be construed together as one.

(3) This Act shall come into operation on such day or days as the Minister shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Interpretation.

2.—In this Act—

“Central Authority in the State” shall be construed in accordance with section 8 or 22 (as may be appropriate) of this Act;

“child” where used in the context of the Children Act, 1908, includes a young person within the meaning of that Act;

“the Court” means the High Court;

“the Hague Convention” means the Convention on the Civil Aspects of International Child Abduction, signed at The Hague on the 25th day of October, 1980;

“health board” means a health board established under the Health Act, 1970 ;

“the Luxembourg Convention” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children, signed at Luxembourg on the 20th day of May, 1980;

“the Minister” means the Minister for Justice;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer or to be a welfare officer or probation officer.

PART II

The Hague Convention

“Contracting State”.

3.—In this Part “Contracting State” means a state in respect of which the Hague Convention is in force in accordance with the provisions of that Convention and shall be construed so that this Act shall have effect in relation to—

(a) the states which have acceded to that Convention, or any states which may accede to that Convention, and in respect of which the State has made a declaration pursuant to Article 38 of that Convention, and

(b) the places as respects which that Convention has effect by virtue of Articles 39 and 40 of that Convention.

Contracting States and declarations, reservations, withdrawals and denunciations under Hague Convention.

4.—(1) The Minister for Foreign Affairs may by order declare—

(a) that any state specified in the order is a Contracting State, or

(b) that—

(i) a declaration (the text of which shall be set out in the order) has been made pursuant to Article 38, 39 or 40 of the Hague Convention, or

(ii) a reservation, or a withdrawal thereof (the text of which shall be set out in the order) has been made pursuant to Article 24, 26 or (in the case of a withdrawal) 42 of that Convention, or

(iii) a denunciation (the text of which shall be set out in the order) has been made pursuant to Article 44 of that Convention,

to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

(2) An order that is in force under subsection (1) of this section shall, as the case may be, be evidence—

(a) that any state specified in the order is a Contracting State;

(b) that a declaration, a reservation, a withdrawal of a reservation or a denunciation set out in the order was made and of its contents.

(3) The Minister for Foreign Affairs may by order amend or revoke an order under this section (including an order under this subsection).

Evidence of decisions and determinations of authorities of Contracting States and other matters relating to Hague Convention.

5.—(1) For the purposes of Article 14 of the Hague Convention a document, duly authenticated, which purports to be a copy of a decision or determination of a judicial or administrative authority of a Contracting State other than the State shall without further proof be deemed to be a true copy of the decision or determination, unless the contrary is shown.

(2) For the purposes of Articles 14 and 30 of the Hague Convention the original or a copy of any such document as is mentioned in Article 8 of that Convention shall be admissible—

(a) insofar as it consists of a statement of fact, as evidence of that fact, and

(b) insofar as it consists of a statement of opinion, as evidence of that opinion.

(3) A document which—

(a) purports to be a translation of a decision or determination of a judicial or administrative authority of a Contracting State other than the State or of a document mentioned in Article 8 of the Hague Convention, and

(b) is certified as correct by a person competent to do so,

shall be admissible as evidence of the translation.

(4) A document purporting to be a copy of a decision, determination or declaration of a judicial or administrative authority of a Contracting State shall, for the purposes of this Part, be regarded as being duly authenticated if it purports—

(a) to bear the seal of that authority, or

(b) to be certified by a person in his capacity as a judge or officer of that authority to be a true copy of a decision, determination or declaration of that authority.

Hague Convention to have the force of law.

6.—(1) Subject to the provisions of this Part, the Hague Convention shall have the force of law in the State and...

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