PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000


Number 37 of 2000


PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

REVISED

Updated to 18 January 2016


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 International Protection Act 2015 (66/2015), enacted 30 December 2015, and all statutory instruments up to and including Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016), made 12 January 2016, 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 18 January 2016


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 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Court of Appeal Act 2014 (18/2014), s. 1(5)). The Acts in this group are:

Courts (Supplemental Provisions) Act 1961 (39/1961)

Courts (Supplemental Provisions) (Amendment) Act 1962 (18/1962)

Courts (Supplemental Provisions) (Amendment) Act 1964 (9/1964)

Courts Act 1964 (11/1964)

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

Courts Act 1971 (36/1971)

Courts Act 1973 (26/1973)

Courts Act 1977 (11/1977)

Courts Act 1979 (15/1979)

Courts Act 1981 (11/1981)

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 Act 1988 (14/1988)

Courts Act 1991 (20/1991)

Courts (No. 2) Act 1991 (21/1991) (citation only)

Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991)

Courts and Court Officers Act 1995 (31/1995), in so far as it amends or extends the collectively cited Courts (Supplemental Provisions) Acts 1961 to 1991

Courts Act 1996 (26/1996)

Courts Act 1997 (6/1997)

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 and 16

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) insofar as it amends the Courts (Supplemental Provisions) Acts 1961 to 2000

Courts and Court Officers (Amendment) Act 2003 (36/2003)

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

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), ss. 9, 11, 12, 13 and ss. 20-23

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

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

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 1999, 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)

All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, 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 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 Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016), made 12 January 2016, were considered in the preparation of this revision.


Number 37 of 2000


PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

REVISED

Updated to 18 January 2016


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 18 January 2016


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: