The Child Abduction and Custody (Cayman Islands) Order 1997

1This Order may be cited as the Child Abduction and...

2Sections 1 to 24A, inclusive, section 25(1) and (2) and...

3For the purpose of the Schedule hereto, the term “Attorney-General”...

SCHEDULEPROVISIONS OF THE CHILD ABDUCTION AND CUSTODY ACT 1985 AS EXTENDED TO THE CAYMAN ISLANDS

PART IINTERNATIONAL CHILD ABDUCTION

1The Hague Convention.

2Contracting States.

3Central Authority.

4Judicial Authority.

5Interim powers.

7Proof of documents and evidence.

8Declaration by the Grand Court.

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

10(1) An authority having power to make rules of court...

11Cost of applications.

PART IIRECOGNITION AND ENFORCEMENT OF CUSTODY DECISIONS

12(1) In this Part of this Schedule “the Convention” means...

13Contracting States.

14Central Authority.

15Recognition of decisions.

16Registration of decisions.

17Variation and revocation of registered decisions.

18Enforcement of decisions.

19Interim powers.

20Suspension of court’s powers.

22Proof of documents and evidence.

23Decisions of Cayman Islands courts.

24Rules of court.

PART IIISUPPLEMENTARY

24APower to order disclosure of child’s whereabouts

25Termination of existing custody orders etc.

27Interpretation.

APPENDICESAPPENDIX A

CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUC TION

Chapter I—Scope of the Convention

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

The rights of custody mentioned in sub-paragraph (a) above may...

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...

The application may be accompanied or supplemented by—

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...

The judicial or administrative authority may also refuse to order...

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...

APPENDIX BEUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN

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

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

2The application shall be accompanied by the documents mentioned in...

3The central authority receiving the application, if it is not...

4The central authority receiving the application may refuse to intervene...

5The central authority receiving the application shall keep the applicant...

1The central authority in the State addressed shall take or...

2Where the central authority in the State addressed has reason...

3With the exception of the cost of repatriation, each Contracting...

4If recognition or enforcement is refused, and if the central...

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

1[Recognition and enforcement may be refused] if—

3In no circumstances may the foreign decision be reviewed as...

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

1Decisions on rights of access and provisions of decisions relating...

2However, the competent authority of the State addressed may fix...

3Where no decision on the right of access has been...

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

1A request for recognition or enforcement in another Contracting State...

1Before reaching a decision under paragraph (1)(b) of Article 10,...

2The cost of enquiries in any Contracting State shall be...

1In relation to a State which has in matters of...

2Paragraph (1)(a) of this Article also applies mutatis mutandis to...

APPENDIX CCUSTODY ORDERS

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

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

1997 No. 2574

CHILDREN AND YOUNG PERSONS

The Child Abduction and Custody (Cayman Islands) Order 1997

Made30th October 1997

Laid before Parliament11th November 1997

Coming into force2nd December 1997

At the Court at Buckingham Palace, the 30th day of October 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 28 of the Child Abduction and Custody Act 19851, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—