PROTECTION OF CHILDREN (HAGUE CONVENTION) ACT 2000

Application of Convention in the State.

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3.—(1) For the purposes of the application in the State of the Convention the provisions set out in subsection (2) shall have effect.

(2) ( a) References in the Convention to authorities or authority, however qualified, shall be construed, where they occur—

(i) in Chapter II of the Convention, as including references to the appropriate court,

(ii) in Articles 24, 25 and 28, as references to the District Court,

(iii) in Articles 32, 33, 34, 35.1, 36 and 37, as including references to the appropriate court, and

(iv) in Article 35.2, as including a reference to the District Court.

( b) In proceedings under Chapter IV of the Convention for the recognition, enforcement or non-recognition of a measure taken in another contracting state the District Court shall pursuant to that Chapter and subject to paragraph (g) , if applicable—

(i) if the request is for the recognition or enforcement of the measure, order either—

(I) that the measure be recognised or enforced in whole or in part, subject to any necessary modifications or adaptations, or

(II) that the request be refused,

or

(ii) if the request is for the non-recognition of the measure, order either—

(I) that the measure not be recognised, or

(II) that it be recognised or enforced in whole or in part, subject to any necessary modifications or adaptations.

( c) A measure in respect of which an order has been made under subparagraph (i)(I) or (ii)(II) of paragraph (b) shall, to the extent to which recognition or enforcement of the measure is authorised by the order, be of the same force and effect as if it were an order of the District Court.

( d) On the hearing of a request under Article 35.2 by a parent residing in the State who is seeking to obtain or maintain access to his or her child (being a child who does not habitually reside therein), the District Court shall by order declare either—

(i) that in its opinion the person is suitable to exercise access to the child (in which case the Court may, where appropriate, specify the conditions under which access should be exercised), or

(ii) that the person is not suitable to exercise access to the child.

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( f) If, pursuant to Article 55.1 a, the State has reserved the jurisdiction of its authorities to take measures directed to the protection of property (or certain categories of property) of a child situated on its territory in cases where those authorities would not otherwise have jurisdiction under the Convention, then, for so long as the reservation has not been withdrawn, the appropriate courts shall in those cases have the jurisdiction so reserved.

( g) If, pursuant to Article 55.1 b, the State has reserved the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to any such property or categories of property mentioned in paragraph (f), then, for so long as the reservation has not been withdrawn, the District Court may refuse recognition of any such parental responsibility or measure to the extent that it is so incompatible.

( h) Subject to Article 52 and, if applicable, paragraph (f), any enactment or rule of law to the extent that it confers jurisdiction on a court otherwise than in accordance with the Convention to take measures directed to the protection of the person or property of a child who is habitually resident in a contracting state shall cease to have effect.

Annotations:

Amendments:

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Deleted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 179, S.I. No. 12 of 2016.