(LRC Revised)

Number 6 of 1991

CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT 1991

REVISED

Updated to 1 August 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Child Abduction and Enforcement of Custody Orders

Act 1991.

It is prepared by the Law Reform Commission in accordance with its

function under the

Law Reform Commission Act 1975

(3/1975) to keep the law under

review and to undertake revision and consolidation of statute law.

All Acts up to and including the

Electoral Reform Act 2022

(30/2022), enacted 25 July 2022, and all statutory instruments up to and including

the

European Union (Decisions in Matrimonial Matters and in Matters of Parental

Responsibility and International Child Abduction) Regulations 2022

(S.I. No. 400

of 2022), made 31 July 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number

6

of

1991

CHILD ABDUCTION AND

ENFORCEMENT OF CUSTODY ORDERS ACT 1991

REVISED

Updated to 1 August 2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, construction and

commencement.

2.

Interpretation.

PART II

The Hague Convention

3.

“Contracting

State”.

4.

Contracting States and

declarations, reservations, withdrawals and denunciations under Hague

Convention.

5.

Evidence of decisions and

determinations of authorities of Contracting States and other matters

relating to Hague Convention.

6.

Hague Convention to have the

force of law.

7.

Jurisdiction of the Court for

purposes of

Part II

.

8.

Central Authority for purposes

of Hague Convention.

9.

Application for return of

child removed to the State.

10.

Application for return of

child removed from the State.

11.

Operation of this Part not to

affect jurisdiction of the Court.

12.

Interim powers of the Court

for the purposes of

Part II

.

13.

Notice and stay of certain

proceedings for purposes of

Part II

.

14.

Reports for purposes of

Part II

.

15.

Declaration by the Court of

wrongful removal of child.

16.

Provision of certain documents

by courts in the State for purposes of Hague Convention.

PART III

The Luxembourg Convention

17.

Interpretation of

Part

III

.

18.

Contracting States and

declarations, reservations, withdrawals, notifications and denunciations

under Luxembourg Convention.

19.

Evidence of decisions and

declarations of authorities of Contracting States and other matters

relating to Luxembourg Convention.

20.

Application of this

Part.

21.

Luxembourg Convention to have

the force of law.

22.

Central Authority for purposes

of Luxembourg Convention.

23.

Jurisdiction of the Court for

purposes of

Part III

.

24.

Applications for recognition

and enforcement of custody decisions in the State.

25.

Applications in the first

instance to the Court.

26.

Interim powers of the Court

for the purposes of

Part III

.

27.

Notice and stay of certain

proceedings for purposes of

Part III

.

28.

Refusal of application for

recognition or enforcement of custody decision in the State.

29.

Enforcement of custody

decisions.

30.

Reports for purposes of

Part III

.

31.

Variation and revocation of

custody decisions.

32.

Applications for recognition

and enforcement of custody decisions in another Contracting

State.

33.

Provision of certain documents

by courts in the State for purposes of Luxembourg Convention.

34.

Declaration by a court of

unlawful removal of child.

PART IV

Supplementary

35.

Termination of existing

custody orders.

36.

Power of the Court to order

disclosure of child's whereabouts.

36A.

Obtaining information as to

whereabouts of child.

37.

Power of Garda

Síochána to detain a child and matters consequential upon

such detention.

PART V

Miscellaneous

38.

Rules of court.

39.

Amendment of Judicial

Separation and Family Law Reform Act, 1989.

40.

Costs.

41.

Regulations.

42.

Laying of orders and

regulations before Houses of Oireachtas.

43.

Expenses.

FIRST SCHEDULE

Text of the Convention on the Civil Aspects of International Child

Abduction

SECOND SCHEDULE

Text of the European Convention on Recognition and Enforcement of

Decisions Concerning Custody of Children and on Restoration of Custody of

Children

Acts Referred to

Children Act, 1908

1908, c. 67

Courts (Supplemental Provisions) Acts, 1961 to

1988

Guardianship of Infants Act,

1964

1964, No. 7

Health Act, 1970

1970, No. 1

Judicial Separation and Family Law Reform

Act, 1989

1989, No. 6

Number

6

of

1991

CHILD ABDUCTION AND ENFORCEMENT

OF CUSTODY ORDERS ACT 1991

REVISED

Updated to 1 August 2022

AN ACT TO GIVE THE FORCE OF LAW TO

THE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION SIGNED AT THE

HAGUE ON

THE 25th DAY OF OCTOBER, 1980, AND THE EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT

OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON RESTORATION OF CUSTODY OF CHILDREN

SIGNED AT LUXEMBOURG ON THE 20th DAY OF MAY, 1980, AND TO PROVIDE FOR MATTERS CONSEQUENT

UPON AND OTHERWISE RELATED TO THE MATTERS AFORESAID. (27

th March

, 1991]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred (1.01.2014, establishment day) by

Child and

Family Agency Act 2013

(40/2013), ss. 6, 82 and sch. 1, S.I. Nos. 502 and

503 of 2013.

Saving.

6.

—The Minister

shall by order appoint a day to be the establishment day for the purposes of this

Act.

...

Transfer of certain functions of Health Service Executive

82.

—(1)The

administration and business in connection with the performance of any of the

functions transferred by subsection (2) are transferred, on the establishment day,

to the Agency.

(2) The functions vested in the

Health Service Executive by or under the enactments specified in Schedule 1 shall,

on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82

...

Child Abduction and Enforcement

of Custody Orders Act 1991

...

C2

Application of Act not affected ( 1.01.2011) by

Protection of

Children (Hague Convention) Act 2000

(37/2000), s. 12(a), S.I. No. 650 of

2010.

Establishment day

12.

—Nothing in this

Act shall affect—

(a) the application in the State,

subject to section 17, of the Child Abduction and Enforcement of Custody Orders

Act, 1991, or

...

C3

Functions transferred and references construed (1.05.2005) by

Health

Act 2004

(42/2004), ss. 4, 59, 67(2), S.I. No. 885 of 2004.

Saving.

4.

—The Minister

shall, by order, appoint a day to be the establishment day for the purposes of

this Act.

...

59.

—(1) The

functions that, immediately before the establishment day, were the functions of a

specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment

referred to in Schedule 3 , or a provision of an instrument made under such

enactment, does not come into effect until on or after the establishment day, a

function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3)The functions transferred by

this Act to the Executive include the functions specified in any enactment

referred to in Schedule 3 as a function of the following

(a) the chief executive officer

of a health board;

(b) the Regional Chief Executive

of the Eastern Regional Health Authority;

(c) the area chief executive of

an Area Health Board.

...

67.

—(2) References

(however expressed) in any enactment referred to in Schedule 3 to a functional

area of a health board, the Eastern Regional Health Authority or an Area Health

Board are on and after the establishment day to be read as references

to—

(a) the corresponding functional

area of the Executive or that area as redefined in accordance with this section,

or

(b) if the context so requires,

the area comprising all of the corresponding functional areas of the Executive or

comprising all of those areas as redefined in accordance with this section.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Sections 59 and 67

...

33. Child Abduction and

Enforcement of Custody Orders Act 1991

...

C4

Functions transferred and references to “Department of Equality

and Law Reform” and “Minister for Equality and Law Reform”

construed (8.07.1997) by

Equality and Law Reform (Transfer of Departmental

Administration and Ministerial Functions) Order 1997

(S.I. No. 297 of

1997), arts. 3, 4(1)(a), 4(2), commenced as per art. 1(2).

3.

—(1) The

administration and business in connection with the exercise, performance or

execution of any functions transferred by Article 4 of this Order are hereby

transferred to the Department of Justice.

(2)References to the Department of

Equality and Law Reform contained in any Act or any instrument made thereunder and

relating to any administration and business transferred by paragraph (1) of this

Article shall, on and after the commencement of this Order, be construed as

references to the Department of Justice.

4.

—(1) The

functions vested in the Minister for Equality and Law Reform

(a) by or under any of the Acts

mentioned in the Schedule to this Order, and

...

are hereby transferred to

the Minister for Justice.

(2) References to the Minister for

Equality and Law Reform contained in any Act or instrument made thereunder and

relating to any functions transferred by this Article shall, on and after the

commencement of this Order, be construed as references to the Minister for

Justice.

...

Editorial Notes

E1

Proceedings under Act designated as family law proceedings for purposes

of

Mediation Act 2017

(1.01.2018) by

Mediation Act 2017

(27/2017),

s. 2(1), S.I. No. 591 of 2017.

E2

The Central Authority under Part II or Part III of this Act is

designated as a “prescribed person” for the purposes of the

Civil

Liability and Courts Act 2004

(31/2004), s. 40(4) (1.07.2005) by

Civil

Liability and Courts Act 2004 (Section 40(4)) Order 2005

(S.I. No. 338 of

2005), art. 3 and sch. item 20.

E3

Requirement to grant legal aid in respect of proceedings under the Act

provided (11.10.1996) by

Civil Legal Aid Act 1995

(32/1995), s. 28(5)(b),

S.I. No. 272 of 1996.

E4

Provision for a Court to give directions for procurement of a written

report on any questions affecting the welfare of a party to proceedings under this

Act or any other person to whom such proceedings relate made (1.08.1996) by

Family Law Act 1995

(26/1995), s. 47(6)(g), S.I. No. 46 of 1996.

E5

Previous affecting provision: provision made for references to health

board(s) in this Act to be construed as references to the Health Service

Executive, following dissolution and replacement of health boards (1.01.2005) by

Health Act 2004

(42/2004), ss. 56, 58 and 59, S.I. No. 887 of 2004;

superseded (1.01.2014) by

Child and Family Agency Act 2013

(40/2013), ss.

82 and sch. 1, 97 and sch. 2 part 5, S.I. No. 502 of 2013.

Annotations

Modifications (not altering

text)

C1

Functions transferred (1.01.2014, establishment day) by

Child and

Family Agency Act 2013

(40/2013), ss. 6, 82 and sch. 1, S.I. Nos. 502 and

503 of 2013.

Saving.

6.

—The Minister

shall by order appoint a day to be the establishment day for the purposes of this

Act.

...

Transfer of certain functions of Health Service Executive

82.

—(1)The

administration and business in connection with the performance of any of the

functions transferred by subsection (2) are transferred, on the establishment day,

to the Agency.

(2) The functions vested in the

Health Service Executive by or under the enactments specified in Schedule 1 shall,

on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82

...

Child Abduction and Enforcement

of Custody Orders Act 1991

...

C2

Application of Act not affected ( 1.01.2011) by

Protection of

Children (Hague Convention) Act 2000

(37/2000), s. 12(a), S.I. No. 650 of

2010.

Establishment day

12.

—Nothing in this

Act shall affect—

(a) the application in the State,

subject to section 17, of the Child Abduction and Enforcement of Custody Orders

Act, 1991, or

...

C3

Functions transferred and references construed (1.05.2005) by

Health

Act 2004

(42/2004), ss. 4, 59, 67(2), S.I. No. 885 of 2004.

Saving.

4.

—The Minister

shall, by order, appoint a day to be the establishment day for the purposes of

this Act.

...

59.

—(1) The

functions that, immediately before the establishment day, were the functions of a

specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment

referred to in Schedule 3 , or a provision of an instrument made under such

enactment, does not come into effect until on or after the establishment day, a

function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3)The functions transferred by

this Act to the Executive include the functions specified in any enactment

referred to in Schedule 3 as a function of the following

(a) the chief executive officer

of a health board;

(b) the Regional Chief Executive

of the Eastern Regional Health Authority;

(c) the area chief executive of

an Area Health Board.

...

67.

—(2) References

(however expressed) in any enactment referred to in Schedule 3 to a functional

area of a health board, the Eastern Regional Health Authority or an Area Health

Board are on and after the establishment day to be read as references

to—

(a) the corresponding functional

area of the Executive or that area as redefined in accordance with this section,

or

(b) if the context so requires,

the area comprising all of the corresponding functional areas of the Executive or

comprising all of those areas as redefined in accordance with this section.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Sections 59 and 67

...

33. Child Abduction and

Enforcement of Custody Orders Act 1991

...

C4

Functions transferred and references to “Department of Equality

and Law Reform” and “Minister for Equality and Law Reform”

construed (8.07.1997) by

Equality and Law Reform (Transfer of Departmental

Administration and Ministerial Functions) Order 1997

(S.I. No. 297 of

1997), arts. 3, 4(1)(a), 4(2), commenced as per art. 1(2).

3.

—(1) The

administration and business in connection with the exercise, performance or

execution of any functions transferred by Article 4 of this Order are hereby

transferred to the Department of Justice.

(2)References to the Department of

Equality and Law Reform contained in any Act or any instrument made thereunder and

relating to any administration and business transferred by paragraph (1) of this

Article shall, on and after the commencement of this Order, be construed as

references to the Department of Justice.

4.

—(1) The

functions vested in the Minister for Equality and Law Reform

(a) by or under any of the Acts

mentioned in the Schedule to this Order, and

...

are hereby transferred to

the Minister for Justice.

(2) References to the Minister for

Equality and Law Reform contained in any Act or instrument made thereunder and

relating to any functions transferred by this Article shall, on and after the

commencement of this Order, be construed as references to the Minister for

Justice.

...

Editorial Notes

E1

Proceedings under Act designated as family law proceedings for purposes

of

Mediation Act 2017

(1.01.2018) by

Mediation Act 2017

(27/2017),

s. 2(1), S.I. No. 591 of 2017.

E2

The Central Authority under Part II or Part III of this Act is

designated as a “prescribed person” for the purposes of the

Civil

Liability and Courts Act 2004

(31/2004), s. 40(4) (1.07.2005) by

Civil

Liability and Courts Act 2004 (Section 40(4)) Order 2005

(S.I. No. 338 of

2005), art. 3 and sch. item 20.

E3

Requirement to grant legal aid in respect of proceedings under the Act

provided (11.10.1996) by

Civil Legal Aid Act 1995

(32/1995), s. 28(5)(b),

S.I. No. 272 of 1996.

E4

Provision for a Court to give directions for procurement of a written

report on any questions affecting the welfare of a party to proceedings under this

Act or any other person to whom such proceedings relate made (1.08.1996) by

Family Law Act 1995

(26/1995), s. 47(6)(g), S.I. No. 46 of 1996.

E5

Previous affecting provision: provision made for references to health

board(s) in this Act to be construed as references to the Health Service

Executive, following dissolution and replacement of health boards (1.01.2005) by

Health Act 2004

(42/2004), ss. 56, 58 and 59, S.I. No. 887 of 2004;

superseded (1.01.2014) by

Child and Family Agency Act 2013

(40/2013), ss.

82 and sch. 1, 97 and sch. 2 part 5, S.I. No. 502 of 2013.

Section

1.

Short title, construction and

commencement.

2.

Interpretation.

PART II

The Hague Convention

3.

“Contracting

State”.

4.

Contracting States and

declarations, reservations, withdrawals and denunciations under Hague

Convention.

5.

Evidence of decisions and

determinations of authorities of Contracting States and other matters

relating to Hague Convention.

6.

Hague Convention to have the

force of law.

7.

Jurisdiction of the Court for

purposes of

Part II

.

8.

Central Authority for purposes

of Hague Convention.

9.

Application for return of

child removed to the State.

10.

Application for return of

child removed from the State.

11.

Operation of this Part not to

affect jurisdiction of the Court.

12.

Interim powers of the Court

for the purposes of

Part II

.

13.

Notice and stay of certain

proceedings for purposes of

Part II

.

14.

Reports for purposes of

Part II

.

15.

Declaration by the Court of

wrongful removal of child.

16.

Provision of certain documents

by courts in the State for purposes of Hague Convention.

PART III

The Luxembourg Convention

17.

Interpretation of

Part

III

.

18.

Contracting States and

declarations, reservations, withdrawals, notifications and denunciations

under Luxembourg Convention.

19.

Evidence of decisions and

declarations of authorities of Contracting States and other matters

relating to Luxembourg Convention.

20.

Application of this

Part.

21.

Luxembourg Convention to have

the force of law.

22.

Central Authority for purposes

of Luxembourg Convention.

23.

Jurisdiction of the Court for

purposes of

Part III

.

24.

Applications for recognition

and enforcement of custody decisions in the State.

25.

Applications in the first

instance to the Court.

26.

Interim powers of the Court

for the purposes of

Part III

.

27.

Notice and stay of certain

proceedings for purposes of

Part III

.

28.

Refusal of application for

recognition or enforcement of custody decision in the State.

29.

Enforcement of custody

decisions.

30.

Reports for purposes of

Part III

.

31.

Variation and revocation of

custody decisions.

32.

Applications for recognition

and enforcement of custody decisions in another Contracting

State.

33.

Provision of certain documents

by courts in the State for purposes of Luxembourg Convention.

34.

Declaration by a court of

unlawful removal of child.

PART IV

Supplementary

35.

Termination of existing

custody orders.

36.

Power of the Court to order

disclosure of child's whereabouts.

36A.

Obtaining information as to

whereabouts of child.

37.

Power of Garda

Síochána to detain a child and matters consequential upon

such detention.

PART V

Miscellaneous

38.

Rules of court.

39.

Amendment of Judicial

Separation and Family Law Reform Act, 1989.

40.

Costs.

41.

Regulations.

42.

Laying of orders and

regulations before Houses of Oireachtas.

43.

Expenses.

FIRST SCHEDULE

Text of the Convention on the Civil Aspects of International Child

Abduction

SECOND SCHEDULE

Text of the European Convention on Recognition and Enforcement of

Decisions Concerning Custody of Children and on Restoration of Custody of

Children

Number

6

of

1991