Cap. 410 чл. 18Registration of decisions. Cap. 12.
PART II
(1) A person on whom any rights are conferred by a decision relating to custody made by an authority in a Contracting State other than Malta may make an application for the registration of the decision in the registry of the Court of Appeal.
(2) The central authority in Malta shall assist such a person in making such an application if a request for such assistance is made by him or on his behalf by the central authority of the Contracting State in question.
(3) An application under subarticle (1) or a request under subarticle (2) shall be treated as a request for enforcement for the purposes of Articles 10 and 13 of the Convention.
(4) The Court of Appeal shall refuse to register a decision if -
(a) the court is of the opinion that on any of the grounds specified in Article 9 or 10 of the Convention the decision should not be recognised in Malta;
(b) the court is of the opinion that the decision is not enforceable in the Contracting State where it was made and is not a decision to which Article 12 of the Convention applies; or
(c) an application in respect of the child under Part I of this Act is pending.
(5) In this article "decision relating to custody" has the same meaning as in the Convention.
(2) Where the Court of Appeal is notified under subarticle (1) above of the revocation of a decision, it shall -
(a) cancel the registration, and
(b) notify such persons as may be prescribed by such rules of court as may be made by the Rule-Making Board set up under article 29 of the Code of Organization and
Civil Procedure, of the cancellation.
(3) Where a court is notified under subarticle (1) of the variation of a decision, it shall -
(a) notify such persons as may be prescribed by rules of court as may be made of the variation; and
(b) subject to any conditions which may be prescribed by such rules, vary the registration.
(4) The Court of Appeal may also, on the application of any person appearing to the court to have an interest in the matter, cancel or vary the registration if it is satisfied that the decision has been revoked or, as the case may be, varied by an authority in the Contracting State in which it was made.
Препраща към
- Cap. 410 чл. 10
- Cap. 410 чл. 12
- Cap. 410 чл. 29
- Cap. 410 чл. 9