The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/702

2009 No. 702

Children And Young Persons

The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2009

Made 18th March 2009

Coming into force 1st May 2009

At the Court at Buckingham Palace, the 18th day of March 2009

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 2 and 13 of the Child Abduction and Custody Act 19851, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2009 and shall come into force on 1st May 2009.

S-2 Revocation of 2005 Order

Revocation of 2005 Order

2. The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 20052is revoked.

S-3 Amendment of 1986 Order

Amendment of 1986 Order

3. In the Child Abduction and Custody (Parties to Conventions) Order 19863, for Schedules 1 and 2 there are substituted Schedules 1 and 2 set out in the Schedule to this Order.

Judith Simpson

Clerk of the Privy Council

SCHEDULE

Article 3

Schedules 1 and 2 substituted in the Child Abduction and Custody (Parties to Conventions) Order 1986

SCHEDULE 1

Article 2

CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25TH OCTOBER 1980

Contracting States to

the Convention

Territories specified in

Declarations under Article 39 or 40 of the Convention

Date of Coming into Force of Convention as between the United Kingdom and the State or Territory

Argentina

1st June 1991

Australia

Australian States and

mainland Territories

1st January 1987

Austria

1st October 1988

The Bahamas

1st January 1994

Belarus

1st October 2003

Belgium

1st May 1999

Belize

1st October 1989

Bosnia and Herzegovina

1st December 1991

Brazil

1st March 2005

Bulgaria

1st May 2009

Burkina Faso

1st November 1992

Canada

Ontario

1st August 1986

New Brunswick

1st August 1986

British Columbia

1st August 1986

Manitoba

1st August 1986

Nova Scotia

1st August 1986

Newfoundland and Labrador

1st August 1986

Prince Edward Island

1st August 1986

Quebec

1st August 1986

Yukon Territory

1st August 1986

Saskatchewan

1st November 1986

Alberta

1st February 1987

Northwest Territories

1st April 1988

Nunavut

1st January 2001

Chile

1st May 1994

China

Hong Kong Special

Administrative Region

1st September 1997

Macau Special

Administrative Region

1st March 1999

Colombia

1st March 1996

Costa Rica

1st May 2009

Croatia

1st December 1991

Cyprus

1st February 1995

Czech Republic

1st March 1998

Denmark

1st July 1991

Ecuador

1st June 1992

El Salvador

1st May 2009

Estonia

1st October 2003

Fiji

1st October 2003

Finland

1st August 1994

France

1st August 1986

Georgia

1st October 1997

Germany

1st December 1990

Greece

1st June 1993

Honduras

1st March 1994

Hungary

1st September 1986

Iceland

1st November 1996

Ireland

1st October 1991

Israel

1st December 1991

Italy

1st May 1995

Latvia

1st October 2003

Lithuania

1st March 2005

Luxembourg

1st January 1987

Macedonia

1st December 1991

Malta

1st March 2002

Mauritius

1st June 1993

Mexico

1st October 1991

Monaco

1st February 1993

Montenegro

1st December 1991

Netherlands

1st September 1990

New Zealand

1st October 1991

Norway

1st April 1989

Panama

1st May 1994

Peru

1st October 2003

Poland

1st November 1992

Portugal

1st August 1986

Romania

1st February 1993

St Kitts and Nevis

1st August 1994

Serbia

1st December 1991

Slovakia

1st February 2001

Slovenia

1st June 1994

South Africa

1st October 1997

Spain

1st September 1987

Sweden

1st June 1989

Switzerland

1st August 1986

Turkey

1st August 2000

Turkmenistan

1st May 1998

United States of America

1st July 1988

Uruguay

1st October 2003

Uzbekistan

1st October 2003

Venezuela

1st January 1997

Zimbabwe

1st July 1995

SCHEDULE 2

Article 3

EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN, LUXEMBOURG, 20TH MAY 1980

Contracting States to

the Convention

Territories specified in

Declarations under Article 24 or 25 of the Convention

Date of Coming into Force of Convention as between the United Kingdom and the State or Territory

Austria

1st August 1986

Belgium

1st August 1986

Bulgaria

1st October 2003

Cyprus

1st October 1986

Czech Republic

1st July 2000

Denmark

1st August 1991

Estonia

1st September 2001

Finland

1st August 1994

France

1st August 1986

Germany

1st February 1991

Greece

1st July 1993

Hungary

1st June 2004

Iceland

1st November 1996

Ireland

1st October 1991

Italy

1st June 1995

Latvia

1st August 2002

Liechtenstein

1st August 1997

Lithuania

1st May 2003

Luxembourg

1st August 1986

Macedonia

1st March 2003

Malta

1st February 2000

Moldova

1st May 2004

Montenegro

6th June 2006

Netherlands

1st September 1990

Norway

1st May 1989

Poland

1st March 1996

Portugal

1st August 1986

Romania

1st September 2004

Serbia

1st May 2002

Slovakia

1st September 2001

Spain

1st August 1986

Sweden

1st July 1989

Switzerland

1st August 1986

Turkey

1st June 2000”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Child Abduction and Custody (Parties to Conventions) Order 1986 to substitute two new Schedules for the existing two Schedules. The changes made to the Schedules include adding Bulgaria, Costa Rica and El Salvador to the list of Contracting States to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980 (Cm. 33) (“the Hague Convention”). This Order also replaces the entry for Serbia and Montenegro with separate entries for Montenegro and Serbia in respect of both the Hague Convention and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children, signed at Luxembourg on 20th May 1980 (Cm. 191). This Order also amends the entries in Schedule 1 in relation to the Hague Convention for Canada in respect of Newfoundland and Labrador and Nunavut, to reflect relevant records.

An impact assessment has not been prepared for this instrument because no impact on the private or voluntary sectors is foreseen.


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