The Child Abduction and Custody (Cayman Islands) Order 1997

PART III SUPPLEMENTARY

Power to order disclosure of child’s whereabouts

24A.—(1) Where—

(a) in proceedings for the return of a child under Part I of this Schedule; or

(b) on an application for the recognition, registration or enforcement of a decision in respect of a child under Part II of this Schedule,

there is not available to the court adequate information as to where the child is, the court may order any person who it has reason to believe may have relevant information to disclose it to the court.

(2) A person shall not be excused from complying with an order under subsection (1) above by reason that to do so may incriminate him or his spouse of an offence; but a statement or admission made in compliance with such an order shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.

Termination of existing custody orders etc.

25.—(1) Where—

(a) an order is made for the return of a child under Part I of this Schedule; or

(b) a decision with respect to a child (other than a decision mentioned in sub-paragraph (2) below) is registered under paragraph 16 of this Schedule;

any custody order relating to him shall cease to have effect.

(2) The decision referred to in sub-paragraph 1(b) above is a decision which is only a decision relating to custody within the meaning of paragraph 16 of this Schedule by virtue of being a decision relating to rights of access.

Expenses.

26.  There shall be paid out of money provided by the Legislative Assembly of the Islands—

(a) any expenses incurred by the Attorney-General by virtue of this Schedule; and

(b) any increase attributable to this Schedule in the sums so payable under any other Law.

Interpretation.

27.  In this Schedule “custody order” means (unless the contrary intention appears) any such order as is mentioned in Appendix C to this Schedule and “custody proceedings” means proceedings in which an order within that Appendix may be made, varied or revoked.