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The Child Abduction and Custody (Cayman Islands) Order 1997

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Decisions of Cayman Islands courts.

23.—(1) Where a person on whom any rights are conferred by a decision relating to custody made by a court in the Cayman Islands makes an application to the Attorney-General under Article 4 of the Convention with a view to securing its recognition or enforcement in another Contracting State, the Attorney-General 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 the Cayman Islands makes a decision relating to a child who has been removed from the Cayman Islands, 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 the Cayman Islands 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 under the law of the Cayman Islands.

(3) In this section “decision relating to custody” has the same meaning as in the Convention.

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