Child Abduction and Custody Act 1985

Part I International Child Abduction

1 The Hague Convention.

2 Contracting States.

3 Central Authorities.

4 Judicial authorities.

5 Interim powers.

7 Proof of documents and evidence.

8 Declarations by United Kingdom courts.

9 Suspension of court’s powers in cases of wrongful removal.

10 Rules of court.

11 Cost of applications.

Part II Recognition and Enforcement of Custody Decisions

12 The European Convention.

13 Contracting States.

14 Central Authorities.

15 Recognition of decisions.

16 Registration of decisions.

17 Variation and revocation of registered decisions.

18 Enforcement of decisions.

19 Interim powers.

20 Suspension of court’s powers.

22 Proof of documents and evidence.

23 Decisions of United Kingdom courts.

24 Rules of court.

24A Power to order disclosure of child’s whereabouts.

Part III Supplementary

25 Termination of existing custody orders, etc.

27 Interpretation.

28 Application as respects British Islands and colonies.

29 Short title, commencement and extent.

SCHEDULE 1 Convention on the Civil Aspects of International Child Abduction

Chapter I—Scope of the Convention

The removal or the retention of a child is to...

The Convention shall apply to any child who was habitually...

For the purposes of this Convention— (a) “rights of custody”...

Chapter II—Central Authorities

Central Authorities shall co-operate with each other and promote co-operation...

In particular, either directly or through any intermediary, they shall...

Chapter III—Return of Children

Any person, institution or other body claiming that a child...

The application shall contain— (a) information concerning the identity of...

If the Central Authority which receives an application referred to...

The Central Authority of the State where the child is...

The judicial or administrative authorities of Contracting States shall act...

If the judicial or administrative authority concerned has not reached...

Where a child has been wrongfully removed or retained in...

The judicial or administrative authority, even where the proceedings have...

Where the judicial or administrative authority in the requested state...

Notwithstanding the provisions of the preceding Article, the judicial or...

In considering the circumstances referred to in this Article, the...

In ascertaining whether there has been a wrongful removal or...

The judicial or administrative authorities of a Contracting State may,...

After receiving notice of a wrongful removal or retention of...

The sole fact that a decision relating to custody has...

The provisions of this Chapter do not limit the power...

A decision under this Convention concerning the return of the...

Chapter IV—Rights of Access

An application to make arrangements for organising or securing the...

The Central Authorities are bound by the obligations of co-operation...

Chapter V—General Provisions

No security, bond or deposit, however described, shall be required...

Any application, communication or other document sent to the Central...

Each Central Authority shall bear its own costs in applying...

Central Authorities and other public services of Contracting States shall...

However, a Contracting State may, by making a reservation in...

Upon ordering the return of a child or issuing an...

When it is manifest that the requirements of this Convention...

A Central Authority may require that the application be accompanied...

This Convention shall not preclude any person, institution or body...

Any application submitted to the Central Authorities or directly to...

In relation to a State which in matters of custody...

In relation to a State which in matters of custody...

SCHEDULE 2 European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children

For the purposes of this Convention: (a) “child” means a...

(1) Any person who has obtained in a Contracting State...

(1) The central authority in the State addressed shall take...

A decision relating to custody given in a Contracting State...

(1) [Recognition and enforcement may be refused] if:

(1) [Recognition and enforcement may also be refused] on any...

(1) Decisions on rights of access and provisions of decisions...

Where, at the time of the removal of a child...

(1) A request for recognition or enforcement in another Contracting...

(1) Before reaching a decision under paragraph (1)(b) of Article...

(1) In relation to a State which has in matters...

SCHEDULE 3 CUSTODY ORDERS

Part I England and Wales

1The following are the orders referred to in section 27(1)...

2An order made by the High Court in the exercise...

3An order made by the Secretary of State under section...

4An authorisation given by the Secretary of State under section...

Part II Scotland

5An order made by a court of civil jurisdiction in...

6A supervision requirement or other order made by a children’s...

7An order made by the Secretary of State under section...

Part III Northern Ireland

8An order made by a court in Northern Ireland under...

9An order made by the High Court in the exercise...

10An order made by the Secretary of State under section...

Royal arms

Child Abduction and Custody Act 1985

1985 CHAPTER 60

An Act to enable the United Kingdom to ratify two international Conventions relating respectively to the civil aspects of international child abduction and to the recognition and enforcement of custody decisions.

[25th July 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—