Child Abduction and Enforcement of Custody Orders Act, 1991

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

27.—(1) Any person who has an interest in proceedings in the Court under this Part for the recognition or enforcement of a decision relating to custody made by an authority in a Contracting State other than the State shall, where he knows that an application relating to custody of the child is pending in or before any court in the State and such proceedings were commenced before the proceedings in the Contracting State which resulted in the decision in respect of which recognition or enforcement is sought were instituted, give notice to the Court of those proceedings and the Court may stay all further proceedings in the application for recognition or enforcement until the other proceedings have been determined.

(2) Any person who has an interest in proceedings in the Court under this Part for the recognition or enforcement of a decision relating to custody made by an authority in a Contracting State other than the State shall, where he knows that an application relating to custody of the child is pending in or before any court in the State and such proceedings were commenced after the proceedings in the Contracting State which resulted in the decision in respect of which recognition or enforcement is sought were instituted, give notice to that court of the proceedings under the Luxembourg Convention and that court having notified the parties to the proceedings before it of that notice shall stay all further proceedings in the matter until the Court determines the application for recognition or enforcement. The court concerned shall notify the Court of the stay.

(3) For the purpose of this section an application relating to custody of a child shall be construed as including a reference to an application for—

(a) an order making, varying or discharging an order regarding the custody of, or the right of access to, a child under the Guardianship of Infants Act, 1964 ;

(b) an order made pursuant to Part II or IV of the Children Act, 1908, in relation to the care of a child.