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41B.19 Certificate - Protection Of Children (Hague Convention) Act 2000

The 41B.19 Certificate is a legal document under the Protection of Children (Hague Convention) Act 2000 used in international child abduction cases involving Ireland. It certifies compliance with the Hague Convention on the Civil Aspects of International Child Abduction.

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Form Overview

41B.19 Certificate - Protection Of Children (Hague Convention) Act 2000

The 41B.19 Certificate is a legal document under the Protection of Children (Hague Convention) Act 2000 used in international child abduction cases involving Ireland. It certifies compliance with the Hague Convention on the Civil Aspects of International Child Abduction.

The form captures information about the child, parents, circumstances of the alleged abduction, and declarations regarding compliance with the Hague Convention requirements.

Risk Radar

  • The most common mistake is failing to properly establish the child's country of habitual residence.
  • Incomplete information about the child's habitual residence
  • Missing documentation supporting the abduction claim
  • Incorrect interpretation of 'rights of custody' under Irish law
  • Failure to demonstrate grave risk of harm exception

Plain English

This form helps resolve international child custody disputes when a child has been taken or kept in Ireland without proper authorization. It's part of an international agreement designed to protect children and ensure their return to their country of habitual residence.

Submission Date

  • There is no specific deadline for submitting this form, but it should be filed as soon as possible after discovering the wrongful removal or retention of the child to maximize the chances of a timely resolution.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use for international child abduction cases where Ireland is involved
  • Required when seeking the return of a child to their country of habitual residence
  • Necessary when establishing wrongful removal or retention under the Hague Convention
  • Not for domestic custody disputes within Ireland
  • Different from other Hague Convention forms that deal with specific aspects like access rights

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
International child abduction with access rights issuesForm 41B.20Access rights require separate determinationVerify if abduction or access dispute is primary concern
Child abduction within EU countriesForm EU1EU regulations provide additional proceduresCheck if both EU and Hague procedures apply
Irish domestic custody disputeFamily law summonsHague Convention only applies internationallyConfirm international element exists
Application for passport or travel consentForm 11BDifferent legal basis for international travelEnsure Hague Convention applies to the case
Emergency protection order for childForm 11Immediate protection vs. return proceduresDetermine if immediate safety or return is priority

Deadline or filing window

There is no specific deadline for submitting this form, but it should be filed as soon as possible after discovering the wrongful removal or retention of the child to maximize the chances of a timely resolution.

Before you submit

  • All sections completed with no blank spaces
  • Child's full birth certificate included
  • Documentation of child's habitual residence provided
  • Evidence of wrongful removal or retention attached
  • Correct court jurisdiction identified
  • Form signed and witnessed if required
  • Copy retained for personal records

How to file this form

  1. 1Obtain the official 41B.19 form from the Courts Service website or court office
  2. 2Complete all sections with accurate information about the child, parents, and circumstances
  3. 3Gather supporting documentation including birth certificates and evidence of habitual residence
  4. 4Have the form witnessed if required by court rules
  5. 5Submit to the appropriate family court handling international child abduction cases
  6. 6Pay any required court fees
  7. 7Obtain proof of submission from the court

Known limitations

  • Does not resolve underlying custody disputes
  • Limited to cases covered by the Hague Convention
  • Cannot be used if more than one year has passed since abduction without exceptions
  • Requires that child was habitually resident in another country before abduction
  • Court may refuse return if grave risk of harm exists

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Current Form Status

This form remains current under Irish law implementing the Hague Convention, but specific procedures may be updated by the Courts Service periodically.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify current version with Courts Service website
  • Check for any recent amendments to the Hague Convention implementation
  • Confirm witness requirements haven't changed
  • Ensure supporting documentation requirements are current
  • Check if online submission option is now available

Quick Facts

Parents or legal representatives involved in international child abduction cases where Ireland is either the country of habitual residence or the current location of the child.
The form captures information about the child, parents, circumstances of the alleged abduction, and declarations regarding compliance with the Hague Convention requirements.
Submit this form when initiating proceedings under the Hague Convention regarding international child abduction to the Irish Courts Service.
Submit the completed form to the relevant Irish court dealing with family law matters, typically through legal representation or directly to the court office.
Incorrect submission can delay proceedings, potentially prolonging the child's separation from their habitual environment, and may affect the court's determination of the case.
Complete all sections accurately with specific dates, names, and case details. Attach supporting documents and evidence. Have the form witnessed if required before submission to the court.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

41B.19 Certificate - Protection Of Children (Hague Convention) Act 2000

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After you file

  • Keep track of court dates and deadlines
  • Maintain communication with legal representatives
  • Prepare for potential mediation or court hearing
  • Document any changes in circumstances that might affect the case
  • Follow up with the court for updates on case progress
  • Be prepared to provide additional information if requested

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Hague Convention on Civil Aspects of International Child Abduction
  • Implemented through Protection of Children (Hague Convention) Act 2000
  • Not confirmed in official source: Specific court fees
  • Not confirmed in official source: Current processing times
  • Not confirmed in official source: Exact witness requirements
  • Not confirmed in official source: Most recent version number

Common confusion points

7 things to watch for

  • 1

    Difference between 'habitual residence' and 'domicile' for legal purposes

  • 2

    Understanding when the one-year time limit applies and exceptions

  • 3

    Determining which court has proper jurisdiction

  • 4

    Distinguishing between wrongful removal and wrongful retention

  • 5

    Identifying when grave risk exceptions apply

  • 6

    Understanding the role of Central Authorities in the process

  • 7

    Differentiating between Hague Convention and other international agreements

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