Child Abduction and Enforcement of Custody Orders Act, 1991 (Section 4) (Hague Convention) Order, 2001

JurisdictionIreland
CitationIR SI 507/2001

I, Brian Cowen, T.D., Minister for Foreign Affairs, 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, 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 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 I of the Second Schedule 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 II of the Second Schedule 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 (Contracting States) (Hague Convention) Order, 1997 ( S.I. No 123 of 1997 ), the Child Abduction and Enforcement of Custody Orders Act, 1991 (Contracting States) (Hague Convention) (Amendment) Order, 1998 ( S.I. No 476 of 1998 ), and the Child Abduction and Enforcement of Custody Orders Act, 1991 (Contracting States) (Hague Convention) (Section 4(1)(b)) Order, 1998 ( S.I. No 478 of 1998 ) are hereby revoked.

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

FIRST SCHEDULE

The State

Germany

Panama

Argentina

Greece

Paraguay

Australia

Honduras

Poland

Austria

Hong Kong Special

Portugal

Bahamas

Administrative

Romania

Belarus

Region

St Kitts & Nevis

Belgium

Hungary

Slovak Republic

Belize

Iceland

Slovenia

Bosnia & Herzegovina

Israel

South Africa

Brazil

Italy

Spain

Burkina-Faso

Luxembourg

Sweden

Canada

Macao Special

Switzerland

Chile

Administrative

Trinidad and Tobago

Colombia

Region

Turkey

Costa Rica

Former Yugoslav Republic

Turkmenistan

Croatia

of Macedonia

United Kingdom of Great

Cyprus

Malta

Britain and Northern

Czech Republic

Mauritius

Ireland

Denmark

Mexico

United States of America

Ecuador

Moldova

Uruguay

El Salvador

Monaco

Uzbekistan

Fiji

Netherlands

Venezuela

Finland

New Zealand

Federal Republic of

France

Nicaragua

Yugoslavia

Georgia

Norway

Zimbabwe

SECOND SCHEDULE

PART I

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

PART II

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

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 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 Newfoundland.” - 5 July 1984

“In accordance with the provisions of Article 42 and pursuant to Article 24, paragraph 2, translation in the French language will be required for any application, communication or other document concerning the Province of Quebec when the original language is neither French nor English. In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with...

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