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6 1991

CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991

PART V

Miscellaneous

Rules of court.

38. —(1) Proceedings under Part II or III of this Act shall be commenced in a summary manner.

(2) Rules of court may make provision for the expeditious hearing of an application under Part II or III of this Act.

Amendment of Judicial Separation and Family Law Reform Act, 1989.

39. —(1) In this section “the Act of 1989” means the Judicial Separation and Family Law Reform Act, 1989 .

(2) The proceedings to which subsections (3) and (4) of section 33 (conduct of family proceedings in the High Court) of the Act of 1989 apply shall be deemed to include proceedings under this Act.

(3) Section 45 of the Act of 1989 is hereby amended by the substitution of the following for “and the Status of Children Act, 1987” in subsection (1):

“, the Status of Children Act, 1987, and the Child Abduction and Enforcement of Custody Orders Act, 1991,”.

Costs.

40. —(1) The costs of any proceedings under any provision of this Act shall be in the discretion of the court concerned.

(2) Without prejudice to the generality of subsection (1) of this section, a court in making an order for costs in any proceedings under this Act—

(a) may direct the person who removed or retained a child, or who prevented the exercise of rights of access in relation to a child, to pay any necessary expenses incurred by or on behalf of the applicant in the proceedings, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant and those of returning the child;

(b) shall otherwise have regard to the provisions of Article 26 of the Hague Convention (where proceedings under Part II of this Act are concerned) or Article 5.3 of the Luxembourg Convention (where proceedings under Part III of this Act are concerned).

Regulations.

41. —(1) The Minister may make regulations for the purpose of giving effect to this Act.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may prescribe forms to be used in connection with any of the provisions of this Act.

Laying of orders and regulations before Houses of Oireachtas.

42. —Every order or regulation made by the Minister under this Act (other than an order made under section 1 (3) of this Act) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

43. —The expenses incurred in the administration of this Act by the Minister or a Central Authority appointed under section 8 or 22 of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.