Child Abduction and Enforcement of Custody Orders Act 1991

Provision of certain documents by courts in the State for purposes of Luxembourg Convention.


33.As respects a decision relating to custody made by a court in the State (including a declaration made by a court under section 34 of this Act), the registrar or clerk of the court shall, at the request of a person who wishes to make an application under the Luxembourg Convention in a Contracting State other than the State or at the request on his behalf of the Central Authority in the State and subject to any conditions that may be specified by rules of court, give to the person or the Central Authority, as the case may be, all or any of the documents referred to in Article 13.1.b, c and d of that Convention, that is to say—

(a) a copy of the decision duly authenticated;

(b) a certificate signed by the registrar or clerk of the court stating—

(i) the nature of the proceedings,

(ii) the date on which the time for the lodging of an appeal against the decision will expire or, if it has expired, the date on which it expired,

(iii) whether notice of appeal against, or, in any case where the defendant does not appear, a notice to set aside, the decision has been entered, and

(iv) such particulars (if any) as may be specified by rules of court,


(c) in case the decision was given in default of appearance, the original or a copy, certified by the registrar or clerk of the court to be a true copy, of a document establishing that notice of the institution of proceedings was served on the person in default.