Circuit Court Rules (Hague Convention 1996) 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules, which shall come into operation on the 18th day of April 2011, may be cited as the Circuit Court Rules (Hague Convention 1996) 2011.
(2) These Rules shall be construed together with the Circuit Court Rules.
(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2011.
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paragraphs: The Circuit Court Rules are amended by the insertion immediately following rule 6 of Order 59 of the following rule:
“Rule 7 — Proceedings under the Protection of Children (Hague Convention) Act 2000 (No. 37 of 2000) and the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children, 1996.
7. (1) In this rule, unless the context otherwise requires:
“the Act” means the Protection of Children (Hague Convention) Act 2000 (No. 37 of 2000), and
each of the expressions “another contracting state”, “Central Authority”, “contracting state”, “the Convention”, “decision”, “judgment”, and “measure” has the meaning assigned to it by section 1 of the Act.
(2) Subject to section 4(2) and section 4(3) of the Act, proceedings before the Court under the Act or under the Convention by virtue of the Act shall be brought:
(a) in the case of proceedings to which section 4(1)(c) of the Act applies, in the County in which the child to whom the request relates resides;
(b) in the case of any other proceedings under the Act or under the Convention by virtue of the Act, in such County or Circuit as is prescribed by statute or these Rules for proceedings of the kind concerned.
(3)(a) Proceedings before the Court under the Act or under the Convention shall, subject to paragraph (b), be brought by the appropriate Family Law Civil Bill which shall be issued, served and entered in accordance with this Order.
(b) Where proceedings directed to the protection of a child’s person or property are pending before the Court, an application for relief under the Act or under the Convention may be brought by Notice of Motion in those proceedings.
(c) Where the Court is asked in accordance with the Convention to exercise a jurisdiction conferred on it to take any measures by virtue of being the appropriate court of a contracting state, the Family Law Civil Bill under paragraph (a) or, as the case may be, the Notice of Motion under paragraph (b):
(i) shall additionally be entitled in the matter of the provision of the Convention in accordance with which the Court is asked to exercise jurisdiction, and
(ii) shall additionally have appended a copy of any relevant request in writing made by the competent authority of another contracting state, together with a certified translation, where necessary, into Irish or English, or otherwise shall set out the basis on which the request to exercise jurisdiction is made.
(4) Where, in any case, the Court is asked to exercise jurisdiction under the Act by virtue of Article 9, 11 or 12 of the Convention to order relief of a particular kind, any interim or interlocutory order may be sought by ex parte application or, as the case may be, by Notice of Motion to be served upon the parties to the proceedings, and may be granted by the Court on such an application, and
(a) in any case where the Court is satisfied that the delay caused by proceeding by Motion on Notice would or might entail serious harm or mischief, the Court may make an order ex parte as it shall consider just, and urgent applications under this paragraph may be made to a Judge at any time or place approved by him, by arrangement with the County Registrar for the County in question;