International and EU Instruments

The 1980 Hague Convention on Civil Aspects of International Child Abduction

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is designed to ensure the immediate return of children who have been removed from one contracting state to another – usually by a parent in defiance of the wishes of the other parent. It is based on the principle that the custody of a child should be decided by courts in the state in which the child habitually resides.

The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children

This Convention is broad in scope, covering a wide range of civil measures of protection concerning parental responsibility and contact - to public measures of protection or care, and from matters of representation to protection of children’s property.

Luxembourg Convention

The European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (the Luxembourg Convention) is designed to ensure that custody and access orders granted in one contracting state are recognised and enforced in other contracting states. Recognition and enforcement disputes usually arise when one parent removes a child from one state to another in defiance of a court order granting custody or access rights to the other parent.

The Child Abduction and Enforcement of Custody Orders Act 1991 gives the force of law in the State to the 1980 Convention.

The Protection of Children (Hague Convention) Act, 2000 gives the force of law in the State to the 1996 Convention.

Council Regulation (EC) No. 2201/2003

The European Council Regulation (2201/2003) Concerning Jurisdiction and Recognition and Enforcement of Judgments in Matrimonial Matters and Matters of Parental Responsibility (Brussels II bis)

This Regulation complements the Hague Conventions by enhancing the role of the country with habitual residence and by enabling speedier resolution of such cases. The Regulation applies to abductions between EU member states, as well as to the procedures for the recognition and enforcement of other types of orders relating to children.

You can read the text of Council Regulation (EC) No. 2201/2003 on the EUR-Lex website.