Child Abduction and Enforcement of Custody Orders Act 1991


Number 6 of 1991


CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT 1991

REVISED

Updated to 7 April 2017


This Revised Act is an administrative consolidation of the Child Abduction and Enforcement Custody Orders Act 1991. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, and all statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 6 of 1991


CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT 1991

REVISED

Updated to 7 April 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act. It is collectively construed with the Courts (Supplemental Provisions) Acts 1961 to 1988 in accordance with s. 1(3).

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Child and Family Agency Act 2013 (40/2013)

Courts (Supplemental Provisions) Acts 1961 to 2008 (collective construction)

Health Act 2004 (42/2004)

Protection of Children (Hague Convention) Act 2000 (37/2000)

Children Act 1997 (40/1997)

Civil Legal Aid Act 1995 (32/1995)

Family Law Act 1995 (26/1995)

All Acts up to and including Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Child Abduction and Enforcement of Custody Orders Act 1991 (Section 4) (Hague Convention) Order 2011 (S.I. No. 400 of 2011)

Child Abduction and Enforcement of Custody Orders Act 1991 (Section 4) (Hague Convention) Order 2008 (S.I. No. 220 of 2008)

Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005)

Child Abduction and Enforcement of Custody Orders Act 1991 (Section 18) (Luxembourg Convention) Order 2001 (S.I. No. 508 of 2001)

Child Abduction and Enforcement of Custody Orders Act 1991 (Section 4) (Hague Convention) Order 2001 (S.I. No. 507 of 2001)

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)

Child Abduction and Enforcement of Custody Orders Act 1991 (Contracting States)(Hague Convention)(Revocation) Order 1998 (S.I. No. 477 of 1998)

Child Abduction and Enforcement of Custody Orders Act, 1991 (Contracting States)(Hague Convention)(Amendment) Order 1998 (S.I. No. 476 of 1998)

Child Abduction and Enforcement of Custody Orders Act 1991 (Contracting States) (Hague Convention) Order 1998 (S.I. No. 238 of 1998)

Child Abduction and Enforcement of Custody Orders Acts 1991 (Contracting States) (Luxembourg Convention) Order 1998 (S.I. No. 237 of 1998)

Child Abduction and Enforcement of Custody Orders Act (Contracting States) (Luxembourg Convention) Order 1997 (S.I. No. 124 of 1997)

Child Abduction and Enforcement of Custody Orders Act 1991 (Contracting States) (Hague Convention) Order 1997 (S.I. No. 123 of 1997)

Child Abduction and Enforcement of Custody Orders Act, 1991 (Appointment of Central Authorities) Order, 1993 (S.I. No. 121 of 1993)

Child Abduction and Enforcement of Custody Orders Act 1991 (Commencement) Order 1991 (S.I. No. 235 of 1991)

All statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, were considered in the preparation of this revision.


Number 6 of 1991


CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT 1991

REVISED

Updated to 7 April 2017


ARRANGEMENT OF SECTIONS

PART I

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.

36A.

Obtaining information as to whereabouts of child.

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


Number 6 of 1991


CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT 1991

REVISED

Updated to 7 April 2017


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. (27 th March, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred (1.01.2014, establishment day) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. Nos. 502 and 503 of 2013.

Saving.

6.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

...

Transfer of certain functions of Health Service Executive

82.—(1)The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82

...

Child Abduction and Enforcement of Custody Orders Act 1991

...

C2

Application of Act not affected ( 1.01.2011) by Protection of Children (Hague Convention) Act 2000 (37/2000), s. 12(a), S.I. No. 650 of 2010.

Establishment day

12.—Nothing in this Act shall affect—

(a) the application in the State, subject to section 17, of the Child Abduction and Enforcement of Custody Orders Act, 1991, or

...

C3

Functions transferred and references construed (1.05.2005) by Health Act 2004 (42/2004), ss. 4, 59, 67(2), S.I. No. 885 of 2004.

Saving.

4.—The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

...

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3)The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

...

67.—(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—

(a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or

(b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Sections 59 and 67

...

33. Child Abduction and Enforcement of Custody Orders Act 1991

...

C4

Functions transferred and references to “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4(1)(a), 4(2), commenced as per art. 1(2).

3.—(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.

(2)References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.

4.—(1) The functions vested in the Minister for Equality and Law Reform

(a) by or under any of the Acts mentioned in the Schedule to this Order, and

...

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.

...

Editorial Notes:

E1

The Central Authority under Part II or Part III of this Act is designated as a “prescribed person” for the purposes of the Civil Liability and Courts Act 2004 (31/2004), s. 40(4) (1.07.2005) by Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005), art. 3 and sch. item 20.

E2

Requirement to grant legal aid in respect of proceedings under the Act provided (11.10.1996) by Civil Legal Aid Act 1995 (32/1995), s. 28(5)(b), S.I. No. 272 of 1996.

E3

Provision for a Court to give directions for procurement of a written report on any questions affecting the welfare of a party to proceedings under this Act or any other person to whom such proceedings relate made (1.08.1996) by Family Law Act 1995 (26/1995), s. 47(6)(g), S.I. No. 46 of 1996.

E4

Previous affecting provision: provision made for references to health board(s) in this Act to be construed as references to the Health Service Executive, following dissolution and replacement of health boards (1.01.2005) by Health Act 2004 (42/2004), ss. 56, 58 and 59, S.I. No. 887 of 2004; superseded (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 82 and sch. 1, 97 and sch. 2 part 5, S.I. No. 502 of 2013.