Child Abduction and Enforcement of Custody Orders Act, 1991
|
Refusal of application for recognition or enforcement of custody decision in the State. |
28.—(1) The Court shall refuse an application made under this Part for recognition or enforcement in the State of a decision relating to custody where— | |
(a) in relation to a decision to which Article 8 of the Luxembourg Convention applies, the Court is of opinion on any of the grounds specified in Article 10.1. a, b, c or d of that Convention that the decision should not be recognised or enforced in the State; | ||
(b) in relation to a decision to which Article 9 or 10 of that Convention applies, the Court is of opinion on any of the grounds specified in the said Articles that the decision should not be recognised or enforced in the State; | ||
(c) the Court is of opinion that the decision is not enforceable in the Contracting State where it was made and is not a decision to which Article 12 of the Convention applies. | ||
(2) Where an application is made to the Court under this Part for recognition or enforcement in the State of a decision relating to custody and an application to the Court in respect of the child is pending under Part II of this Act the Court shall stay all further proceedings under this Part until the other proceedings have been determined. | ||
(3) The references in Article 9.1.c of the Luxembourg Convention to the removal of the child are to his improper removal within the meaning of that Convention. | ||
(4) For the purposes of this section a decision relating to custody includes a decision varying that decision. |