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Child Custody Act 1987

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Child Custody Act 1987 c i e AT 11 of 1987 CHILD CUSTODY ACT 1987 Child Custody Act 1987 Index c i e CHILD CUSTODY ACT 1987 Index Section Page PART I – JURISDICTION, RECOGNITION AND ENFORCEMENT 7 Jurisdiction of Manx courts 7 1 Jurisdiction in matrimonial proceedings ..................................................................... 7 2 Jurisdiction otherwise than in matrimonial proceedings ......................................... 8 3 Orders under High Court’s inherent jurisdiction ...................................................... 9 4 Power of court to refuse application or stay proceedings ........................................ 9 5 Duration and variation of custody orders ................................................................... 9 Enforcement of custody orders made in United Kingdom 11 6 Recognition of custody orders made in UK .............................................................. 11 7 Registration of custody order in High Court ............................................................ 11 8 Cancellation and variation of registration................................................................. 11 9 Enforcement ................................................................................................................... 12 10 Staying of enforcement proceedings .......................................................................... 12 11 Dismissal of enforcement proceedings ...................................................................... 13 Registration of Manx custody orders in United Kingdom 13 12 Registration of Manx custody order in UK ............................................................... 13 Miscellaneous and supplemental 14 13 Power to order disclosure of child’s whereabouts ................................................... 14 14 Power to order recovery of child ................................................................................ 14 15 Effect of orders restricting removal ............................................................................ 15 16 Surrender of passports ................................................................................................. 15 17 Automatic restriction on removal of wards of court ............................................... 15 18 Duty to furnish particulars of other proceedings..................................................... 16 19 Habitual residence after removal without consent, etc ........................................... 16 20 Meaning of “custody order” ....................................................................................... 17 21 Interpretation of Part I ................................................................................................. 18 22 Application of Part I to Channel Islands etc ............................................................. 19 PART II – INTERNATIONAL CHILD ABDUCTION 19 23 The Hague Convention ................................................................................................ 19 c AT 11 of 1987 Page 3 Index Child Custody Act 1987 24 Contracting States ........................................................................................................ 20 25 The Central Authority ................................................................................................. 20 26 The judicial authority ................................................................................................... 20 27 Interim directions ......................................................................................................... 20 28 Reports ........................................................................................................................... 21 29 Proof of documents and evidence .............................................................................. 21 30 Declarations by High Court ........................................................................................ 21 31 Suspension of court’s powers in cases of wrongful removal ................................. 21 32 Rules of court ................................................................................................................ 22 33 Costs of applications .................................................................................................... 22 PART III – RECOGNITION AND ENFORCEMENT OF CUSTODY DECISIONS 22 34 The Custody Convention ............................................................................................ 22 35 Contracting States ........................................................................................................ 23 36 The Central Authority ................................................................................................. 23 37 Recognition of decisions .............................................................................................. 23 38 Registration of decisions ............................................................................................. 24 39 Variation and revocation of registered decisions .................................................... 25 40 Enforcement of decisions ............................................................................................ 25 41 Interim powers.............................................................................................................. 25 42 Suspension of courts’ powers ..................................................................................... 26 43 Reports ........................................................................................................................... 26 44 Proof of documents and evidence .............................................................................. 27 45 Decisions of Manx courts ............................................................................................ 27 46 Rules of court ................................................................................................................ 27 PART IV – PROVISIONS SUPPLEMENTARY TO PARTS II AND III 28 47 Power to order disclosure of child’s whereabouts .................................................. 28 48 Termination of existing custody orders, etc ............................................................. 28 49 Interpretation of Parts II, III and IV ........................................................................... 29 PART V – MISCELLANEOUS AND SUPPLEMENTAL 30 Kidnapping 30 50 Abduction of child by parent etc ................................................................................ 30 51 Abduction of child by other persons ......................................................................... 31 52 Meaning of “taking” etc .............................................................................................. 31 53 Penalties etc ................................................................................................................... 32 Supplemental 32 54 Minor and consequential amendments ..................................................................... 32 55 Short title and commencement ................................................................................... 32 SCHEDULE 1 33 MEANING OF CERTAIN EXPRESSIONS IN PART I 33 Page 4 AT 11 of 1987 c Child Custody Act 1987 Index SCHEDULE 2 35 CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION 35 SCHEDULE 3 42 EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN 42 SCHEDULE 4 47 MODIFICATIONS OF SECTION 50 FOR CHILDREN IN CARE ETC. 47 SCHEDULE 5 47 MINOR AND CONSEQUENTIAL AMENDMENTS 47 Acts of Parliament 47 SCHEDULE 6 48 ENDNOTES 49 TABLE OF LEGISLATION HISTORY 49 TABLE OF RENUMBERED PROVISIONS 49 TABLE OF ENDNOTE REFERENCES 49 c AT 11 of 1987 Page 5 Child Custody Act 1987 Section 1 c i e CHILD CUSTODY ACT 1987 Received Royal Assent: 4 December 1987 Passed: 15 December 1987 Commenced: 14 October 1991 AN ACT to amend the law relating to the jurisdiction of courts in the Island to make orders with regard to the custody of children; to make provision for the recognition and enforcement of custody orders as between the Island and the United Kingdom; to enable two Conventions relating respectively to the civil aspects of international child abduction and the recognition and enforcement of custody decisions to be extended to the Island; to amend the criminal law relating to the abduction of children; and for connected purposes. GENERAL NOTE: The maximum fines in this Act are as amended by the Fines Act 1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1. PART I – JURISDICTION, RECOGNITION AND ENFORCEMENT Jurisdiction of Manx courts 1 Jurisdiction in matrimonial proceedings (1) In proceedings for divorce, nullity of marriage or judicial separation, a court in the Island shall not have jurisdiction to make an order under section 11 of the Children and Young Persons Act 2001 with respect to a child unless the proceedings are in respect of the marriage of the parents of the child concerned and — (a) they are for divorce or nullity of marriage and are continuing; or (b) they are for judicial separation and are continuing, and the jurisdiction is not excluded by subsection (2); or (c) they have been dismissed after the beginning of the trial but — (i) the order under the said section 111 is being made forthwith, or2 c AT 11 of 1987 Page 7 Section 2 Child Custody Act 1987 (ii) the application for the order was made on or before the dismissal. (2) For the purposes of subsection (1)(b), the jurisdiction of the court
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