Child Abduction and Enforcement of Custody Orders Act 1991

Power of the Court to order disclosure of child's whereabouts.

36

36.(1) Where—

(a) in proceedings for the return of a child under Part II of this Act, or

(b) on an application for the recognition or enforcement of a decision in respect of a child under Part III of this Act,

there is not available to the Court adequate information as to the whereabouts of the child, the Court may order any person who, it has reason to believe, may have relevant information to disclose it to the Court.

(2) Any person who is the subject of an order under subsection (1) of this section may, notwithstanding production of the child, be ordered to disclose any information that is relevant to proceedings under Part II or III of this Act.

(3) Where—

(a) in proceedings in a Contracting State other than the State for the return of a child under the Hague Convention, or

(b) in proceedings for the recognition or enforcement of a decision in a Contracting State other than the State in respect of a child under the Luxembourg Convention,

or where such proceedings are about to be commenced, there is not available to the authorities in the Contracting State adequate information as to the whereabouts of the child, the Court may, on application made to it by any person, if it is satisfied that the applicant has an interest in the matter and that the child has been taken from or sent or kept out of the State without the consent of any of the persons having the right to determine the child's place of residence under the law of the State, order any person who, it has reason to believe, may have relevant information to disclose it to the Court.

(4) Any person who is the subject of an order under subsection (3) of this section may, notwithstanding production of the child in the Contracting State, be ordered to disclose any information that is relevant to proceedings in that state.

(5) A person shall not be excused from complying with any order under this section by reason that to do so may incriminate him or his spouse of an offence; but a statement or admission made in compliance with any such order shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.