Child Abduction and Enforcement of Custody Orders Act 1991

Declaration by the Court of wrongful removal of child.


15.F12[(1)  The Court may, on an application made for the purposes of Article 15 of the Hague Convention by any person appearing to the Court to have an interest in the matter, make a declaration that the removal of any child from, or his retention outside, the State was

(a) in the case of a removal to or retention in a Member State, a wrongful removal or retention within the meaning of Article 2 of the Council Regulation, or

(b) in any other case, wrongful within the meaning of Article 3 of the Hague Convention.]

(2) The Central Authority in the State shall take action or cause action to be taken to assist the person referred to in subsection (1) of this section in making an application under this section if a request for such assistance, in such form as may be prescribed, is made by him or on his behalf by the Central Authority of another Contracting State.




Substituted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), s. 8(d).