Child Abduction and Enforcement of Custody Orders Act, 1991

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Number 6 of 1991

CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991

ARRANGEMENT OF SECTIONS

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

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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:

Child Abduction and Enforcement of Custody Orders Act, 1991 Permanent Page URL

Child Abduction and Enforcement of Custody Orders Act, 1991

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