Protection of Children (Hague Convention) Act 2000


Number 37 of 2000


PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

REVISED

Updated to 10 September 2019


This Revised Act is an administrative consolidation of the Protection of Children (Hague Convention) Act 2000. 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 the Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including the Protection Of Children (Hague Convention) Act 2000 (Section 15) Order 2019 (S.I. No. 458 of 2019), made 10 September 2019, 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 37 of 2000


PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

REVISED

Updated to 10 September 2019


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

Courts (Supplemental Provisions) Acts 1961 to 2017: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Courts Act 2017 (8/2017), s. 4(2)). The Acts in this group are:

Courts (Supplemental Provisions) Act 1961 (39/1961), citation only

Courts (Supplemental Provisions) (Amendment) Act 1962 (18/1962), citation only

Courts (Supplemental Provisions) (Amendment) Act 1964 (9/1964), citation only

Courts Act 1964 (11/1964)

Courts (Supplemental Provisions) (Amendment) Act 1968 3/1968

Courts (Supplemental Provisions) (Amendment) (No. 2) Act 1968 (21/1968), citation only

Courts Act 1971 (36/1971)

Courts Act 1973 (26/1973)

Courts Act 1977 (11/1977)

Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977 (29/1977), Part IV (ss. 10, 11), citation only

Courts Act 1979 (15/1979)

Courts Act 1981 (11/1981), citation only

Courts (No. 2) Act 1981 (31/1981)

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), in so far as it amends the collectively cited Courts (Supplemental Provisions) Acts 1961 to 1981, citation only

Courts Act 1985 (23/1985)

Courts Act 1986 (1/1986), citation only

Courts (No. 2) Act 1986 (26/1986) other than ss. 4 , 6, 7 and the First Schedule in so far as it relates to the law on intoxicating liquor

Courts (No. 3) Act 1986 (33/1986)

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988) collective construction only of ss. 5-8, 11, 12, 14

Courts Act 1988 (14/1988)

Courts (No. 2) Act 1988 (34/1988)

Child Abduction and Enforcement of Custody Orders Act 1991 (6/1991), collective construction only insofar as it affects the jurisdiction or procedure of any court in the State

Courts Act 1991 (20/1991)

Courts Act 1991 (21/1991)

Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), in so far as it amends or extends the Courts (Supplemental Provisions) Acts 1961 to 1988

Courts and Court Officers Act 1995 (31/1995)

Courts Act 1996 (26/1996)

Courts Act 1997 (6/1997)

Courts (No. 2) Act 1997 (43/1997), other than ss. 3, 9

Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), in so far as it amends or extends the collectively cited Courts (Supplemental Provisions) Acts 1961 to 1998

Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), ss. 7-10, 13, 14, 16, 20A, 20E-20H, 20J, 20K, 20M

Courts (Supplemental Provisions) (Amendment) Act 1999 (25/1999) in so far as it amends or extends the collectively cited Courts (Supplemental Provisions) Acts 1961 to 1998

Courts (Supplemental Provisions) (Amendment) Act 2000 (15/2000) insofar as it amends the Courts (Supplemental Provisions) Acts 1961 to 2000

Protection of Children (Hague Convention) Act 2000 (37/2000), ss. 1, 3, 4, 6, 8, 11 and 12

Courts and Court Officers Act 2002 (15/2002)

Courts and Court Officers (Amendment) Act 2003 (36/2003), citation only

Courts and Court Officers (Amendment) Act 2007 (4/2007), citation only

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), ss. 9, 11-13, 20-23

Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), ss. 65, 66, citation only

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 17, citation only

Court of Appeal Act 2014 (18/2014), to the extent that it amends or extends the Courts (Supplemental Provisions) Acts 1961 to 2013

Choice of Court (Hague Convention) Act 2015 (38/2015), ss. 5-9

Courts Act 2015 (51/2015) citation only

Courts Act 2017 (8/2017)

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 1972, 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

Children and Family Relationships Act 2015 (9/2015)

Health Act 2004 (42/2004)

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Protection Of Children (Hague Convention) Act 2000 (Section 15) Order 2019 (S.I. No. 458 of 2019)

Protection of Children (Hague Convention) Act 2000 (Section 15) Order 2010 (S.I. No. 682 of 2010)

Protection of Children (Hague Convention) Act 2000 (Commencement) Order 2010 (S.I. No. 650 of 2010)

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

All statutory instruments up to and including Protection Of Children (Hague Convention) Act 2000 (Section 15) Order 2019 (S.I. No. 458 of 2019), made 10 September 2019, were considered in the preparation of this revision.


Number 37 of 2000


PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

REVISED

Updated to 10 September 2019


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Convention to have force of law.

3.

Application of Convention in the State.

4.

Exercise of jurisdiction.

5.

Interpretation of Convention.

6.

Provision of certain court documents.

7.

Evidence in proceedings.

8.

Letters of request.

9.

Central Authority.

10.

Provision of reports.

11.

Rules of court.

12.

Saving.

13.

Transitional provision.

14.

Regulations.

15.

Orders evidencing entry into force of Convention, etc.

16.

Laying of regulations and orders before Houses of Oireachtas.

17.

Amendment of Child Abduction and Enforcement of Custody Orders Act, 1991.

18.

Expenses.

19.

Short title, commencement, construction and collective citation.

SCHEDULE

Text of the Hague Convention of 19 October, 1996, on jurisdiction, apllicable law, recognition, enforecement and co-operation in respect of parental responsibility and measures operation in respect of parental responsibility and measures for the protection of children


Acts Referred to

Child Abduction and Enforcement of Custody Orders Act, 1991

1991, No. 6

Child Care Act, 1991

1991, No. 17

Children Act, 1997

1997, No. 40

Courts (Supplemental Provisions) Acts, 1961 to 2000

Guardianship of Infants Act, 1964

1964, No. 7

Judical Separation and Family Law Reform Act, 1989

1989, No. 6


Number 37 of 2000


PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

REVISED

Updated to 10 September 2019


AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE PROTECTION OF CHILDREN, SIGNED AT THE HAGUE ON THE 19th DAY OF OCTOBER, 1996, TO AMEND SECTIONS 14 AND 30 OF THE CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991, AND TO PROVIDE FOR CONSEQUENTIAL AND RELATED MATTERS. [16 th December, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Courts (Supplemental Provisions) Acts 1961 to 1997 restricted (13.07.1999) by Courts (Supplemental Provisions) (Amendment) Act 1999 (25/1999), s. 1, commenced on enactment.

Provisions relating to pensions in specified cases.

1.—(1) Notwithstanding any provision contained in—

(a) the Courts (Supplemental Provisions) Acts, 1961 to 1997, or, in so far as it amends or extends those Acts, the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998, or

(b) the Court Officers Acts, 1926 to 1998,

but subject to the provisions referred to in section 2 of this Act, the payment of pensions in respect of each of the persons specified in paragraphs (a) to (c) of subsection (2) of this section (in this section referred to as “the specified persons”) shall be governed solely by the provisions in this section.

...

C2

Application of collectively cited Courts (Supplemental Provisions) Act 1961 to 1991 restricted (16.07.1991) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 5(2), commenced on enactment.

Provision of pensions on early vacation of office and purchase of added years.

5.— ...

(2) Where a payment of a sum is made by the Minister pursuant to regulations made under subsection (1) (e) of this section no pension or gratuity shall be granted under the Courts (Supplemental Provisions) Acts, 1961 to 1991, or under regulations made thereunder to or in respect of the person to whom the payment relates.

...

Editorial Notes:

E1

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2, S.I. No. 591 of 2017.

E2

Certain functions under or in connection with Act transferred to HSE (1.01.2005) by Health Act 2004 (42/2004), s. 59 and sch. 3 item 34, S.I. No. 887 of 2004.