Rules of the Superior Courts (No. 1) (Child Abduction and Enforcement of Custody Orders Act, 1991), 2001

• Statutory Instrument No.: 94/2001

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 13th day of July, 2000.

Ronan Keane Anthony Hunt, B.L. Frederick Morris Gordon Holmes Francis D. Murphy Patrick Groarke Adrian Hardiman P.J. Fitzpatrick Richard Johnson

I concur in the making of the annexed Rules of Court.

Dated this 20th day of March, 2001.

John O'Donoghue

Aire Dli agus Cirt

Comhionannais agus Athchoirithe Dli.

S.I. NO. 94 OF 2001

RULES OF THE SUPERIOR COURTS (NO. 1) (CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991), 2001

1. The following shall be inserted as Order 133 of the Rules of the Superior Courts immediately after Order 132 thereof:

“ Order 133:

Child Abduction and Enforcement of Custody Orders

1. For the purposes of this Order:

“the Act” means the Child Abduction and Enforcement of Custody Orders Act, 1991 ;

“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 and set out in the First Schedule to the Act;

“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 and set out in the Second Schedule to the Act;

“Contracting State” means a State as defined by section 3 or section 17 of the Act, as the case may be;

“The Central Authority” means the Central Authority appointed by the Minister pursuant to section 8 or section 22 of the Act, as the case may be.

2. (1) Any applications made pursuant to section 9(2), section 10(2), section 11, section 15, section 24 (2) or section 25 of the Act shall be brought by way of special summons which shall be a family law summons and shall be entitled:

“ The High Court

Family Law,

In the Matter of the Child Abduction and Enforcement of Custody Orders Act, 1991 and In the Matter of the Convention (as the case may be)

and In the Matter of [X], a minor,

Between

AB,

the applicant,

And

CD, the respondent”.

(2) Where applications are brought by the Central Authority, the applicant shall be referred to as “the Minister for Justice, Equality and Law Reform, as the Central Authority for Ireland, ex parte (the applicant)”.

(3) The indorsement of claim shall be entitled “Special Indorsement of Claim” and state, with all necessary particulars, the relief sought, each section of the Act under which the relief is sought and the grounds upon which the relief is sought. The indorsement shall, where possible, specify:

(a) the name and (where available) the date of birth of the minor;

(b) if known, the date on which the disputed removal or retention of the minor occurred;

(c) the name of the minor's parents or guardians;

(d) details of any decision relating to custody or access which is sought to be recognised or enforced;

(e) the interest of the applicant in the matter;

(f)...