Children's Act, 2005 (Act No. 38 of 2005)

Regulations

Regulations relating to Children's Courts and International Child Abduction, 2010

Chapter IV : International Child Abduction

23. Expeditious handling of proceedings

Purchase cart Previous page Return to chapter overview Next page

 

(1)Proceedings for the return of a child under the Hague Convention must be completed within six weeks from the date  on which  judicial proceedings were  instituted  in  a  High Court, except where exceptional circumstances make this impossible.

 

(2) The following procedural steps are intended to ensure that applications under the Hague Convention are handled expeditiously:
(a)A High Court file must be clearly marked and must—
(i)draw attention to the nature of the application; and
(ii)state the date on which the six week period will expire;
(b)priority must, where necessary, be given to these applications;
(c)the transcript of the judgement and its approval must be expedited; and
(d)the transcript of the judgment and its approval must be sent to the Central Authority of the Republic without delay.