Protection of Children (Hague Convention) Act 2000

Exercise of jurisdiction.

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4.—(1) The jurisdiction of the Circuit Court or District Court under the Convention may be exercised—

( a) in proceedings to which Chapter II of the Convention relates, by the judge of the Circuit Court or District Court who has jurisdiction in such proceedings under the law for the time being in force,

( b) in any application—

(i) under Chapter IV of the Convention for the recognition, enforcement or non-recognition of a measure, or

(ii) under Article 35.2 for a finding on the suitability of a parent to exercise access to his or her child and on the conditions under which access is to be exercised,

by the judge of the District Court for the time being assigned to the district court district in which the applicant or defendant resides,

( c) in relation to a request to either Court under Article 32 b, 34.1 or 35.1, by the judge of the Circuit Court or District Court for the time being assigned to the circuit or the district court district in which the child to whom the request relates resides.

(2) Notwithstanding subsection (1), in any case of urgency the jurisdiction of the Circuit Court or District Court as respects the proceedings mentioned in that subsection may be exercised by any judge of the Circuit Court or District Court if he or she is of opinion that the best interests of the child concerned require that the jurisdiction be so exercised.

(3) In any case not provided for by the foregoing provisions of this section the jurisdiction of the Circuit Court or District Court under the Convention may be exercised by a circuit judge assigned to the Dublin circuit or a district judge assigned to the Dublin Metropolitan District.

(4) Sections 33(1), 33(2) and 45 (which provisions relate to the conduct of family proceedings) of the Judicial Separation and Family Law Reform Act, 1989 , shall apply and have effect in relation to an application under subsection (1)(b).

Annotations:

Modifications (not altering text):

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“Dublin Circuit” construed (1.01.1994, establishment day) by Local Government (Dublin) Act 1993 (31/1993), s. 26, S.I. Nos. 400, 401 of 1993.

Circuit Court Circuit.

26.—On and from the establishment day the Dublin Circuit Court Circuit shall consist of the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown and a reference to the Dublin Circuit in the Courts (Supplemental Provisions) Acts, 1961 to 1991, shall be construed accordingly.