STATUTORY INSTRUMENTS

S.I. No. 508 of 2001

CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991 (SECTION 18) (LUXEMBOURG CONVENTION) ORDER, 2001

CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991 (SECTION 18) (LUXEMBOURG CONVENTION) ORDER, 2001

I, Brian Cowen, T.D., Minister for Foreign Affairs, in exercise of the powers conferred upon me by section 18 of the Child Abduction and Enforcement of Custody Orders Act, 1991 ( No. 6 of 1991 ), hereby order as follows:

1.       This Order may be cited as the Child Abduction and Enforcement of Custody Orders Act, 1991 (Section 18) (Luxembourg Convention) Order, 2001.

2.       It is hereby declared -

(a)      that the states specified in the First Schedule to this Order are Contracting States for the purposes of Part III of the Child Abduction and Enforcement of Custody Orders Act, 1991 ;

(b)      that reservations (the texts of which in the English language are set out in Part I of the Second Schedule hereto) have been made to the Secretary General of the Council of Europe pursuant to Article 6, paragraph 3, or Article 17 or Article 18 of the Convention;

(c)      that declarations (the texts of which in the English language are set out in Part II of the Second Schedule hereto) have been made to the Secretary General of the Council of Europe pursuant to Articles 24 or 25 of the Convention; and

(d)      that a notification (the text of which in the English language is set out in Part III of the Second Schedule hereto) has been made to the Secretary General of the Council of Europe pursuant to Article 20 of the Convention.

3.       The Child Abduction and Enforcement of Custody Orders Act, 1991 (Contracting States) (Luxembourg Convention) Order, 1997 ( S.I. No 124 of 1997 ) and the Child Abduction and Enforcement of Custody Orders Act, 1991 (Contracting States) (Luxembourg Convention) Order, 1998 ( S.I. No 237 of 1998 ) are hereby revoked.

4.       This Order shall come into operation on the 12^th day of November 2001.

FIRST SCHEDULE

SECOND SCHEDULE

PART I

The State

“In accordance with the provisions of paragraph 1 of Article 17 of the Convention, Ireland reserves the right to refuse recognition or enforcement of decisions relating to custody in cases covered by Articles 8 and 9 or either of these Articles, on any of the grounds mentioned in Article 10.” - 28 June 1991

Czech Republic

“Pursuant to Article 17, paragraph 1 of the Convention, the Czech Republic makes the reservation that, in cases covered by Articles 8 and 9 of the Convention, recognition and enforcement of decisions relating to the custody of children or the restoration of the custody of children may be refused on such grounds provided under Article 10, paragraph 1 of the Convention.” - 22 March 2000

Denmark

“By virtue of the provisions of paragraph 1 of Article 27, the central authority of the Kingdom of Denmark will not accept communications made in French or accompanied by a translation into that language (cf. paragraph 3 of Article 6). By virtue of the provisions of paragraph 1 of Article 27, the Kingdom of Denmark reserves the right, in cases covered by Articles 8 and 9 or either of these Articles, to refuse recognition and enforcement of decisions relating to custody on any of the grounds provided under Article 10 (cf. Article 17).” - 10 April 1991

Estonia

“Pursuant to Article 6, paragraph 3, of the Convention, the Republic of Estonia shall apply the provisions of Article 6, paragraph 1, partially and accept communications which are made in English or accompanied by a translation into English.” - 17 May 2001

Finland

“Finland declares, according to Article 27 and Article 6, paragraph 3 of the Convention, that it reserves the right to accept only communications made in English or accompanied by a translation into English. Finland declares, according to Article 27 and Article 17 of the Convention, that in cases covered by Articles 8 and 9 of the Convention, recognition and enforcement of decisions relating to custody may be refused on any of the grounds mentioned in Article 10.” - 28 April 1994

Germany

“The Federal Republic of Germany declares in accordance with paragraph 3 of Article 6 that it excludes the provisions of paragraph 1.b of Article 6 also in cases covered by paragraph 2 of Article 13: the central authority may refuse to act if communications or accompanying documents are not made in German or not accompanied by a translation into German. In accordance with paragraph 1 of Article 17 the Federal Republic of Germany declares that, in cases covered by Articles 8 and 9, recognition and enforcement of decisions relating to custody will be refused on the grounds provided under paragraph 1.a or 1.b of Article 10.” - 5 October 1990

Greece

“In accordance with Article 27 of the Convention, Greece declares that it avails itself of the option provided for in Article 6, paragraph 3 of the Convention to exclude communications made in French or English or accompanied by a translation into one of these two languages. In accordance with Article 17, paragraph 1 of the Convention, in cases covered by Articles 8 and 9, recognition and enforcement of decisions relating to custody may be refused on the grounds provided under Article 10 of the Convention.” - 8 March 1993

Iceland

“In accordance with Article 27, paragraph 1, and Article 6, paragraph 3, of the Convention, Iceland excludes the provisions of Article 6, paragraph 1.b., insofar as they provide that the central authority of the State addressed shall accept communications made in French or accompanied by a translation into French. In accordance with Article 27, paragraph 1, and Article 17, paragraph 1, of the Convention, Iceland makes a reservation that, in cases covered by Articles 8 and 9 or either of these Articles, recognition and enforcement of decisions relating to custody may be refused on the grounds provided under Article 10 of the Convention.” - 22 July 1996

Liechtenstein

“Pursuant to Article 6, paragraph 3, of the Convention, the Principality of Liechtenstein will not apply Article 6, paragraph 1, sub-paragraph b. Pursuant to Article 17, paragraph 1, of the Convention, the Principality of Liechtenstein, on the grounds provided under Article 10, paragraph 1, sub-paragraphs a, b and d, will not apply in the cases referred to in Articles 8 and 9 the recognition and enforcement of decisions concerning custody of children.” - 17 April 1997

Malta

“In accordance with Article 6, paragraph 3, of the Convention, Malta reserves the right to exclude part of the application of the provisions of Article 6, paragraph 1.b., by not accepting communications in French or those accompanied by a translation into French. In accordance with Article 17, paragraph 1, of the Convention, Malta reserves the right to refuse recognition and enforcement of decisions relating to custody, in cases covered by Articles 8 and 9 or either of these Articles, on any of the grounds provided under Article 10, paragraph 1 (a, b, c and d).” - 22 October 1999

Norway

“The Government of Norway makes the reservation in accordance with Article 17, paragraph 1, that in cases covered by Articles 8 and 9, recognition and enforcement of decisions relating to custody may be refused on any of the grounds provided under Article 10. In accordance with Article 6, paragraph 3, Norway reserves the right not to accept communications made in French or accompanied by a translation into French.” - 17 January 1989

Poland

“The Republic of Poland declares that it will ask to join a translation in Polish language of any communication covered by Article 6 and of any document covered by Article 13, transmitted by States which, using the reservation, have excluded the application of the whole Article 6, paragraph 1.b, regarding to the both official languages of the Council of Europe. In accordance with Article 17 of the Convention, in cases covered by Articles 8 and 9, the recognition and enforcement relating to custody can be refused on any of the grounds provided under Article 10.” - 8 November 1995

Slovak Republic

The Slovak Republic, in accordance with paragraph 3 of Article 6, excludes the application of the provisions of paragraph 1.b of this article.” - 7 May 2001

Spain

Pursuant to Article 27, Spain avails itself of the possibility provided for in Article 6(3) of the Convention and reserves the right to exclude the application of the provisions of Article 6(1)(b) by not accepting communications made in English or French or those accompanied by a translation into one of those languages.” - 30 May 1984

Sweden

“In accordance with the provisions of Articles 27 and 17, Sweden makes the reservation that, in cases covered by Articles 8 and 9 or either of these Articles, recognition and enforcement of decisions relating to custody may be refused on any of the grounds mentioned in Article 10.” - 28 March 1989

Switzerland

“In pursuance of Article 27, Switzerland avails itself of the reservation contained in Article 17 which provides that, in cases covered by Articles 8 and 9, recognition and enforcement of decisions relating to custody may be refused on the ground provided under Article 10(1)d. of the Convention.” - 27 September 1983

United Kingdom

“In accordance with the provisions of paragraph 1 of Article 17 of the Convention, the United Kingdom reserves the right to refuse recognition and enforcement of decisions relating to custody, in cases covered by Articles 8 and 9 or either of these Articles, on any of the grounds mentioned in Article 10.” - 21 April 1986

PART II

Denmark

“By virtue of the provisions of paragraph 1 of Article 24, the Convention shall not apply to the territories of the Faroe Islands and Greenland.” - 10 April 1991

Netherlands

“The Kingdom of the Netherlands accepts the said Convention for the Kingdom in Europe.” - 23 May 1990

United Kingdom of Great Britain and Northern Ireland

“The Convention is ratified in respect of the United Kingdom of Great Britain and Northern Ireland only.” - 21 April 1986

“I have the honour to refer to the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children, which was ratified by the United Kingdom on 21 April 1986. In accordance with Article 24, paragraph 2 thereof, I hereby declare, on behalf of the Government of the United Kingdom, that the said Convention shall extend to the Isle of Man.” - 26 June 1991

“In accordance with Article 24, paragraph 2, of the Convention, the Government of the United Kingdom declares that the Convention shall extend to the Falkland Islands.” - 15 November 1996

“In accordance with Article 24, paragraph 2, of the Convention, the Government of the United Kingdom declares that the Convention shall extend to the Cayman Islands.” - 5 May 1998

“In accordance with Article 24, paragraph 2, of the Convention, the Government of the United Kingdom declares that the Convention shall extend to Montserrat.” - 14 October 1998

PART III

United Kingdom

“For the avoidance of doubt, the United Kingdom will interpret Article 20, paragraph 1, of this Convention as covering, inter alia, any obligations which the United Kingdom may have towards a State, not party to this Convention, under the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980.” - 18 April 1986

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

Section 18 of the Child Abduction and Enforcement of Custody Orders Act, 1991 enables the Minister for Foreign Affairs to declare which states are Contracting States to the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children, done at Luxembourg on the 20^th day of May 1980, and that a declaration, reservation or notification has been made to the Secretary General of the Council of Europe. This Order specifies which States are Contracting States and sets out the texts of the declarations, reservations and notifications which have been received by the Secretary General of the Council of Europe.