Care of Children Act 2004

Sections and provisions with full text and the judgments that cite each one.

Section 1 — Title

1 Title This Act is the Care of Children Act 2004.

Section Sch1-Article 1

Article 1 The objects of the present Convention are— a to secure the prompt return of children, wrongfully removed to or retained in any Contracting State; and b to ensure that rights of custody and…

Section Sch1-Article 10

Article 10 The Central Authority of the State where the child is shall take or cause to be taken appropriate measures in order to obtain the voluntary return of the child.

Section Sch1-Article 11

Article 11 The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children. If the judicial or administrative authority concerned…

Section Sch1-Article 12

Article 12 Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the…

Section Sch1-Article 13

Article 13 Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person,…

Section Sch1-Article 14

Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice…

Section Sch1-Article 15

Article 15 The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities…

Section Sch1-Article 16

Article 16 After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has…

Section Sch1-Article 17

Article 17 The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this…

Section Sch1-Article 18

Article 18 The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.

Section Sch1-Article 19

Article 19 A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.

Section Sch1-Article 2

Article 2 Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most…

Section Sch1-Article 20

Article 20 The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of…

Section Sch1-Article 21

Article 21 An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same…

Section Sch1-Article 22

Article 22 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of…

Section Sch1-Article 23

Article 23 No legalization or similar formality may be required in the context of this Convention.

Section Sch1-Article 24

Article 24 Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the…

Section Sch1-Article 25

Article 25 Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid…

Article 26 Each Central Authority shall bear its own costs in applying this Convention. Central Authorities and other public services of Contracting States shall not impose any charges in relation to…

Section Sch1-Article 27

Article 27 When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the…

Section Sch1-Article 28

Article 28 A Central Authority may require that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or to designate a representative so to act.

Section Sch1-Article 29

Article 29 This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying…

Section Sch1-Article 3

Article 3 The removal or the retention of a child is to be considered wrongful where— a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly…

Section Sch1-Article 30

Article 30 Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention,…

Section Sch1-Article 31

Article 31 In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units a any reference to habitual residence in that State…

Section Sch1-Article 32

Article 32 In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be…

Section Sch1-Article 33

Article 33 A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified…

Section Sch1-Article 34

Article 34 This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the…

Section Sch1-Article 35

Article 35 This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States. Where a declaration has been made…

Section Sch1-Article 36

Article 36 Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves…

Section Sch1-Article 37

Article 37 The Convention shall be open for signature by the. States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be…

Section Sch1-Article 38

Article 38 Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Convention shall…

Section Sch1-Article 39

Article 39 Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of…

Section Sch1-Article 4

Article 4 The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply…

Section Sch1-Article 40

Article 40 If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of…

Section Sch1-Article 41

Article 41 Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its…

Section Sch1-Article 42

Article 42 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the…

Section Sch1-Article 43

Article 43 The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to…

Section Sch1-Article 44

Article 44 The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have…

Section Sch1-Article 45

Article 45 The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the…

Section Sch1-Article 5

Article 5 For the purposes of this Convention— a rights of custody' shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place…

Section Sch1-Article 6

Article 6 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. Federal States, States with more than one system…

Section Sch1-Article 7

Article 7 Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to…

Section Sch1-Article 8

Article 8 Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual…

Section Sch1-Article 9

Article 9 If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay…

Section 2 — Commencement

2 Commencement This Act comes into force on 1 July 2005.

Section Sch2 — Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same-sex de facto partners)

Schedule 2 Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same-sex de facto partners) s 149 Schedule 2 was substituted, as from 26 April 2005, by…

Section 3 — Purpose of this Act

3 Purpose of this Act (1) The purpose of this Act is to— (a) promote children's welfare and best interests, and facilitate their development, by helping to ensure that appropriate arrangements are in…

Section Sch3 — Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings)

Schedule 3 Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings) s 150 Section 2 Repeal the definition of blood tests . Insert, in their appropriate alphabetical order, the…