Child Abduction and Enforcement of Custody Orders Act 1991

Evidence of decisions and declarations of authorities of Contracting States and other matters relating to Luxembourg Convention.

19

19.(1) For the purposes of the Luxembourg Convention—

(a) a document, duly authenticated, which purports to be a copy of a decision or declaration relating to custody of a judicial or administrative authority of a Contracting State other than the State shall without further proof be deemed to be a true copy of the decision or declaration, unless the contrary is shown; and

(b) the original or a copy of any other document as is mentioned in Article 13 of the Luxembourg Convention shall be admissible—

(i) insofar as it consists of a statement of fact, as evidence of that fact, and

(ii) insofar as it consists of a statement of opinion, as evidence of that opinion.

(2) A document which—

(a) purports to be a translation of a decision or declaration of a judicial or administrative authority of a Contracting State other than the State or any other document mentioned in Article 13 of the Luxembourg Convention, and

(b) is certified as correct by a person competent to do so,

shall be admissible as evidence of the translation.

(3) A document purporting to be a copy of a decision or declaration relating to custody made by a judicial or administrative authority of a Contracting State shall, for the purposes of this Part, be regarded as being duly authenticated if it purports—

(a) to bear the seal of that authority, or

(b) to be certified by a person in his capacity as a judge or officer of that authority to be a true copy of a decision or declaration of that authority.