Cap. 507 Art. 7Jurisdiction.

(1) References in the Convention to authorities or authority, however qualified, shall be construed, where they occur -

(a) in Chapter II of the Convention, as including references to the appropriate court,

(b) in Articles 24, 25 and 28, as references to the Court of Appeal,

(c) in Articles 32, 33, 34, 35(1), 36 and 37, as including references to the appropriate court, and

(d) in Article 35(2), as including a reference to the Civil Court (Family Section).

(2) In proceedings under Chapter IV of the Convention for the recognition, enforcement or non-recognition of a measure taken in another contracting state, the Court of Appeal pursuant to that Chapter and subject to subarticle (5) of this article, if applicable -

(a) if the request is for the recognition or enforcement of the measure, order either -

(i) that the measure be recognised or enforced in whole or in part, subject to any necessary modifications or adaptations, or

(ii) that the request be refused, or

(b) if the request is for the non-recognition of the measure, order either -

(i) that the measure not be recognised, or

(ii) that it be recognised or enforced in whole or in part, subject to any necessary modifications or adaptations.

(3) On the hearing of a request under Article 35(2) of the Convention by a parent residing in the State who is seeking to obtain or maintain access to his or her child (being a child who does not habitually reside therein), the Civil Court (Family Section) shall by order declare either -

(a) that in its opinion the person is suitable to exercise access to the child (in which case the Court may, where appropriate, specify the conditions under which has reserved the jurisdiction of its authorities to take measures directed to the protection of property (or certain categories of property) of a child situated on its territory in cases where those authorities would not otherwise have jurisdiction under the Convention, then, for so long as the reservation has not been withdrawn, the appropriate courts shall in those cases have the jurisdiction so reserved.

(5) If, pursuant to Article 55(1)(b) of the Convention, the State has reserved the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to any such property or categories of property mentioned in subarticle (4), then, for so long as the reservation has not been withdrawn, the First Hall of the Civil Court may refuse recognition of any such parental responsibility or measure to the extent that it is so incompatible.