Protection of Children (Hague Convention) Act 2000

Number 37 of 2000

PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

REVISED

Updated to 1 August 2022

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 Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), made 31 July 2022, 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 1 August 2022


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 1 August 2022


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. [16th 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.