The Child Abduction and Custody Act 1985 designates the Lord Chancellor as the Central Authority for England and Wales and for Northern Ireland.  In Scotland, the Secretary of State is the Central Authority.  The Northern Ireland Court Service, which is a department of the Lord Chancellor, discharges the functions of the Central Authority in Northern Ireland.

The duties of the Central Authority in Northern Ireland are carried out by the Civil Policy Branch, Policy and Legislation Division, Northern Ireland Court Service which is the designated Central Authority for Northern Ireland.  The Civil Policy Division is also the designated Central Authority under the Revised Brussels II Regulation (“Brussels IIa”) having been appointed in accordance with Article 67 of the Regulation.

Application to the Central Authority

Although there is no specified form for making an application to a Central Authority under the Hague or European Conventions, in cases where a child has been abducted from Northern Ireland (outgoing cases) applicants are provided with an Application (Questionnaire) and Notes for Guidance.  This enables the Northern Ireland Court Service to send out an application which broadly follows the model suggested by the Hague Convention.  An application from another Convention country in cases where it is believed that a child has been abducted to Northern Ireland (incoming cases) will be accepted in any form, provided that it contains sufficient information.  Requests for information and assistance are usually made by telephone or by letter.

Staff in the Civil Policy Branch of the Northern Ireland Court Service process applications and provide information to parents, solicitors and others on the steps they may take to recover children who have been removed unlawfully to or from Northern Ireland.  The Northern Ireland Court Service communicates regularly with Central Authorities in other countries regarding cases, passing on information and providing assistance where necessary.

If your child has been taken to a Convention country (see Countries in the Conventions), you should contact the Northern Ireland Court Service.  You will be asked to provide brief details over the telephone and you will be sent an application/questionnaire to complete.  Alternatively, you can complete the application by using the Application (Questionnaire) on this website.  The completed application should be sent in hard copy to the Northern Ireland Court Service. 

The Northern Ireland Court Service is open from Monday to Friday (9 am to 5 pm) and the contact details for child abduction matters are:

 

Rosie Keenan 

Policy Support Manager

Civil Policy Division

Northern Ireland Court Service

3rd Floor

Laganside House

23 - 25 Oxford Street

Belfast BT1 3LA

 

E-mail:          policyandlegislation@courtsni.gov.uk

 

Tel:                 028 9041 2910 or 028 9041 2381

 

Fax:                028 9072 8944

 

DX:                 DX 478 NR BELFAST 1

Legal Representation
Solicitors and barristers who are in private practice in Northern Ireland represent applicants in Convention cases before a Northern Ireland court. The Northern Ireland Court Service does not represent applicants at court.

All applications in cases where the child has been abducted to Northern Ireland (incoming cases) are dealt with in the High Court in Belfast and cases are listed for hearing as quickly as possible.  Adjournments are limited to a maximum of 21 days.

When the Northern Ireland Court Service receives an application from another Central Authority for the return of a child, an experienced solicitor from a firm familiar with these types of cases is asked to take the case.  The solicitor is then responsible for making any application for legal aid, for taking the applicant's (now his/her client’s) instructions, assembling the evidence, if necessary with help from the Northern Ireland Court Service, and filing affidavits of fact about foreign law. If necessary, the solicitor may also instruct a barrister to attend the hearing.

The solicitor may apply for ex parte orders (orders without notice to the other party) to protect the child. These could include orders requiring the surrender of passports or prohibiting the removal of the child from the jurisdiction or a specific address.

Applicants are not normally required to attend the hearing.