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

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paragraphs: (1) These Rules, which may be cited as the District Court (Hague Convention 1996) Rules 2011, shall come into operation on the 18th day of July 2011.
(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2011.
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paragraphs: The District Court Rules 1997 are amended:
(i) by the substitution for the title of Order 62 of the following title:
“Order 62
PROCEEDINGS UNDER
THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968 OR
THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 1988 OR
COUNCIL REGULATION (EC) NO. 44/2001 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS OR
THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS OR
THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE OR
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”,
(ii) by the insertion immediately following rule 29 of Order 62 of the following title and rules:
“PART VII — PROCEEDINGS UNDER THE HAGUE CONVENTION 1996
30. In this Part (rules 30 to 41 inclusive), unless the context otherwise requires:
“the Act of 2000” means the Protection of Children (Hague Convention) Act 2000 (No. 37 of 2000);
“the Clerk” means the Clerk for the Court area in which the original application was or is to be heard and decided or in which the original order was made;
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 of 2000.
31. Subject to section 4(2) and section 4(3) of the Act of 2000, proceedings before the Court under the Act of 2000 or under the Convention by virtue of that Act may be brought, heard or determined:
(a) in the case of proceedings to which section 4(1)(b) or section 4(1)(c) of the Act of 2000 applies, at any sitting of the Court for any court area in the court district determined in accordance with section 4(1)(b) or, as the case may be, section 4(1)(c) of the Act of 2000;
(b) in the case of any other proceedings under the Act of 2000 or under the Convention by virtue of that Act, at such sitting of the Court or otherwise as is prescribed by these Rules or by statute for proceedings seeking the relief concerned.
32. (1) Where the Court has jurisdiction in any proceedings to which the Convention applies, under Article 5 or 6 of the Convention but, on application of a party to the proceedings or of its own motion, considers in accordance with Article 8 of the Convention that the authority of another contracting state would be better placed in the particular case to assess the best interests of the child, the Court may stay the proceedings before it for a period specified by the Court and, as the Court considers appropriate, either:
(a) direct the Central Authority to make a request on its behalf to the proper authority of the other contracting state concerned to assume jurisdiction to take such measures of protection as it considers necessary in accordance with Article 8 of the Convention, or
(b) invite the parties to introduce such a request before the proper authority of the other contracting state concerned in accordance with Article 8 of the Convention
and the Court may, for those purposes, limit the period of any stay to a period specified by the Court, and adjourn the matter for further consideration.
(2) The Court may discharge a stay ordered in accordance with sub-rule (1) and direct the withdrawal of any request made under paragraph (a) of that sub-rule if the authority in the other contracting state concerned does not assume jurisdiction within the period for which the Court granted the stay.
(3) The Court may discharge a stay ordered in accordance with sub-rule (1) if the parties do not, within the period specified by the court, request the authority in the other contracting state concerned to assume jurisdiction.
33. 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 document commencing the appropriate proceedings in accordance with these Rules:
(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
(iii) shall otherwise set out the basis on which the request to exercise jurisdiction is made.
34. The Court may give such directions to the Central Authority as are appropriate to facilitate participation in any exchange of views referred to in Article 8.3 of the Convention or Article 9.2 of the Convention in such manner and by such means as the Judge considers most suitable to meet the purposes of the Convention.
35. (1) In any case where the Court has made an order under Article 11 of the Convention, the Court may direct the Central Authority to notify the Central Authority of another contracting state of the making of that order and may direct the first-mentioned Central Authority to make inquiries of the Central Authority of another contracting state as to whether measures referred to in paragraph 2 of Article 11 of the Convention have been taken and, if so, as to the content of those measures.
(2) In any case where the Court has been asked to make an order under Article 12 of the Convention, the Court may direct the Central Authority:
(a) to make inquiries of the Central Authority of another contracting state as to whether any measures have been taken by the authorities having jurisdiction under Articles 5 to 10 of the Convention and, if so, as to the content of those measures;
(b) to make inquiries of the Central Authority of another contracting state as to whether a decision (in respect of the measures of protection which may be required by the situation) referred to in paragraph 2 of Article 12 of the Convention has been taken and, if so, as to the content of that decision; or
(c) to notify the Central Authority of another contracting state of the making by the Court of an order under Article 12 of the Convention.
(3) For the purpose of enabling the Court to record that measures taken in accordance with Article 11 of the Convention have lapsed, the moving party in any proceedings to which sub-rule (1) applies in which measures were taken by the Court in accordance with Article 11 of the Convention shall promptly notify the Clerk in writing as soon as the authorities which have jurisdiction under Articles 5 to 10 of the Convention have taken the measures required by the situation or, as the case may be, as soon as the measures required by the situation and taken by the authorities of another state are recognised by the contracting state in question.
(4) For the purpose of enabling the Court to record that measures taken in accordance with Article 12 of the Convention have lapsed, the moving party in any proceedings to which sub-rule (2) applies in which measures were taken by the Court in accordance with Article 12 of the Convention shall promptly notify the Clerk in writing as soon as the authorities which have jurisdiction under Articles 5 to 10 of the Convention have taken a decision in respect of the measures of protection which may be required by the situation or, as the case may be, as soon as the measures required by the situation and taken by the authorities of another state are recognised by the contracting state in question.
(5) Where the moving party fails promptly to notify the Clerk in accordance with sub-rule (3) or sub-rule (4), the respondent or any other person sufficiently interested may make the necessary notification.
36. Without limiting any other power of the court, the Court may adjourn proceedings under the Act of 2000 for the purpose of making a request under Article 34 of the Convention.