Child Abduction and Enforcement of Custody Orders Act 1991

Notice and stay of certain proceedings for purposes of Part II.


13.(1) Any person who has an interest in proceedings in the Court or in proceedings about to be commenced in the Court under this Part in respect of a child removed to the State shall, where he knows that an application relating to the custody of the child is pending in or before any court in the State, give notice to that court of the proceedings, or pending proceedings (as the case may be), under the Hague Convention and that court, having notified the parties to the proceedings before it of that notice, shall stay in accordance with Article 16 of that Convention all further proceedings in the matter and shall notify the Court of the stay.

(2) For the purpose of this section an application relating to custody of a child shall be construed as including a reference to an application for—

(a) an order making, varying or discharging an order regarding the custody of, or the right of access to, a child under the Guardianship of Infants Act, 1964;

(b) an order made pursuant to Part II or IV of the Children Act, 1908, in relation to the care of a child;

(c) the recognition or enforcement of a decision relating to custody under Part III of this Act.