Guardianship of Infants Act 1964

6D

F26[Rights and responsibilities equivalent to guardianship arising in another state

6D. (1) Subject to this section, a person shall be the guardian of a child where he or she has

(a) pursuant to a F27[decision, authentic instrument or agreement] that is entitled to recognition in accordance with the provisions of the Council Regulation or the Convention,

(b) pursuant to a measure that is entitled to recognition in accordance with the provisions of the Convention, or

(c) by operation of the law of a state other than the State as provided for in Chapter III of the Convention,

acquired, in respect of the child, rights and responsibilities that are equivalent to guardianship.

(2) The court may, in accordance with this Act and, where applicable, the Council Regulation and the Convention, remove, vary or enforce the rights and responsibilities of a guardian to whom subsection (1) applies.

(3) In this section

F28["agreement" has the same meaning as it has in Article 2 of the Council Regulation;]

F28["authentic instrument" has the same meaning as it has in Article 2 of the Council Regulation;]

"Convention" means the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at the Hague on the 19th day of October, 1996;

F27["Council Regulation" means Council Regulation (EU) 2019/1111 of 25 June 20191;]

F28["decision" has the same meaning as it has in Article 2 of the Council Regulation;]

F29[]

"measure" means a judgment or decision which is made in accordance with Chapter II of the Convention;

"person" includes a person, institution or other body.]

Annotations

Amendments:

F26

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 49, S.I. No. 12 of 2016.

F27

Substituted (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 8(a), (b)(i), in effect as per reg. 1(2).

F28

Inserted (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 8(b)(ii), in effect as per reg. 1(2).

F29

Deleted (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 8(c), in effect as per reg. 1(2).