Cap. 410 Art. 25Decisions of Maltese courts.

(1) Where a person on whom any rights are conferred by a decision relating to custody made by a court in Malta makes an application to the Chief Executive Officer of the Social Care Standards

Authority under Article 4 of the Convention with a view to securing its recognition or enforcement in another Contracting State, the said Chief Executive Officer of the Social Care Standards Authority may require the court which made the decision to furnish him with all or any of the documents referred to in Article 13(1)(b), (c) and (d) of the Convention.

(2) Where in any custody proceedings a court in Malta makes a decision relating to a child who has been removed from Malta, the court may also, on an application made by any person for the purposes of Article 12 of the Convention, declare the removal to have been unlawful if it is satisfied that the applicant has an interest in the matter and that the child has been taken from or sent or kept out of Malta without the consent of the person (or, if more than one, all the persons) having the right to determine the child’s place of residence in Malta.

(3) In this article "decision relating to custody" has the same meaning as in the Convention.

(2) Without prejudice to the generality of subarticle (1), rules of court may make provision -

(a) with respect to the procedure on applications to a court under any provision of this Part of this Act and with respect to the documents and information to be furnished and the notices to be given in connection with any such application;

(b) for the giving of directions requiring the disclosure of information about any child who is the subject of proceedings under this Part of this Act and for safeguarding its welfare.

(3) The Minister responsible for justice may by regulations under this subarticle establish the fees payable in the registry of the courts in relation to the filing of judicial acts in connection with any procedure under this Part of this Act: Provided that until such fees are so established by the Minister, the fees contained in the Code of Organization and Civil

Procedure shall apply.