DECREE NO 3,413, DE April 14, 2000.

Promulga the Convention on Civil Aspects of the International Kidnap of Children, completed in the city of The Hague, on October 25, 1980.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso VIII, of the Constitution ;

CONSIDERING that the Convention on Civil Aspects of the International Abduction of Children was completed in the City of The Hague on October 25, 1980, with reservation to the art. 24 of the Convention, permitted by your art. 42, to determine that the foreign documents joined by the judicial autos are accompanied by translation to the Portuguese, made by official sworn translator ;

CONSIDERING that the National Congress has approved the multilateral act in epitographic by means of Legislative Decree No. 79 of September 15, 1999 ;

CONSIDERING that the onscreen act entered into international vigor on 1º December 1983 ;

CONSIDERING that the Brazilian Government deposited the Instrument of Accession of the said Convention on October 19, 1999, passing the same to vigorous one, for Brazil, at 1º January 2000,

DECRETA:

Art. 1º The Convention on Civil Aspects of the International Kidnap of Children, completed in the City of The Hague on October 25, 1980, with reservation to art. 24 of the Convention, permitted by your art. 42, to determine that foreign documents joined by the autos Judicial are accompanied by translation to the Portuguese, made by official sworn translator, apensa by copy to this Decree, must be performed and fulfilled so entirely as it contains.

Art. 2º This Decree shall enter into force on the date of its publication.

Brasilia, April 14, 2000 ; 179º of Independence and 112º of the Republic.

Fernando Henrique Cardoso

Luiz Felipe Lampreia

Convention on the Civil Aspects of the International Children's Kidnapping

The signatory States to this Convention,

Firmly convinced that the interests of the child are of paramount importance in all matters concerning their guard ;

Wishing to protect the child, on the international level, from the injurious effects resulting from a change of domicile or unlawful retention and establish procedures that ensure the immediate return of the child to the state of their habitual residence, as well as ensuring the protection of the right of visit ;

Decided to conclude a Convention to that effect and agreed on the following provisions:

Chapter I

Scope of the Convention

Article I

The present Convention is aimed at:

a) to ensure the immediate return of children unlawfully transferred to any Contracting State or in it wrongly within ;

b) to enforce in an effective manner in the other Contracting States the existing guard and business rights in a Contracting State.

Article 2

The Contracting States should take all appropriate measures to ensure, in their respective territories, the achievement of the objectives of the Convention. For this, they should resort to urgent procedures.

Article 3

The transfer or retention of a child is deemed unlawful when:

(a) there has been breach of the right of custody assigned to the person or institution or to any other body, individually or jointly, by the law of the State where the child had his habitual residence immediately before his / her transfer or its retention ; and

b) this right was being exercised in an effective manner, either individually or jointly, at the time of transfer or retention, or it should have been carried out if such events had not occurred.

(c) The right of custody referred to in point ( to) may result from a fully-fledged attribution, a judicial or administrative decision or an agreement in force under the law of that State.

Article 4

The Convention applies to any child who has habitual residence in a Contracting State, immediately prior to the violation of the right of custody or visit. The implementation of the Convention cesses when the child reaches the age of sixteen.

Article 5

Pursuant to the present Convention:

a) o?right of guard? will understand the rights relating to care with the child of the child, and in particular the right to decide on the place of his / her residence ;

b) o?right of visit? will understand the right to take a child, for a limited period of time, to a place other than the one where she habitually resides.

Chapter II

Central Authorities

Article 6

Each Contracting State shall designate a Central Authority charged with compliance with the obligations imposed on it by this Convention.

Federal States, States in which several legal systems or states in which autonomous territorial organizations exist will have the freedom to designate more than one Central Authority and to specify the territorial extent of the powers of each of them. The State availing of this faculty shall designate the Central Authority to which applications may be directed to the effect of coming to be transmitted to the Central Authority internally competent in that State.

Article 7

Central authorities shall cooperate with each other and promote collaboration between the competent authorities of their respective States in order to ensure the immediate return of children and to realize the other objectives of the present Convention

In particular, they should take, either directly, or through an intermediary, all appropriate measures to:

a) find a child transferred or withheld illicitly ;

b) avoid further harm to the child, or damage to interested parties, taking or making preventive measures ;

c) ensure voluntary delivery of the child or facilitate an amicable solution ;

d) proceed, where desirable, to the exchange of information relating to the social situation of the child ;

e) provide general character information on the legislation of its State concerning the implementation of the Convention ;

f) initiate or favor the opening of judicial or administrative proceedings that target the return of the child or, when it is the case, that allows the organization or effective exercise of the right of visit ;

g) agree or facilitate, as per the circumstances, the obtaining of legal and legal assistance, including the participation of a lawyer ;

h) to ensure in the administrative plan, when necessary and timely, the undanger return of the child ;

i) keep each other informed about the operation of the Convention and, as far as possible, remove the obstacles that will eventually be opposed to the implementation of this.

Chapter III

Return of the Child

Article 8

Any person, institution or body that judges that a child has been transferred or withdrawn in violation of a right of custody may participate in the fact to the Central Authority of the child's habitual residence or to the Central authority of any other Contracting State, so that assistance is provided to ensure the return of the child.

The request must contain.

(a) information on the identity of the applicant, the child and the person to whom the transfer or retention of the child is attached ;

b) if possible, the date of birth of the child ;

c) the grounds on which the applicant is based to demand the return of the child ;

d) all available information relating to the location of the child and the identity of the person with whom the child is presumed to be.

The application can be accompanied or supplemented by:

e) authenticated copy of any decision or agreement deemed relevant ;

f) attestation or declaration issued by the Central Authority, or by any other competent entity of the usual State of residence, or by a qualified person, relating to the legislation of that State in the matter ;

g) any other document deemed relevant.

Article 9

When the Central Authority which has received the application mentioned in Article 8 has reason to believe that the child is in another Contracting State, it must transmit the application, directly and without delay, to the Central Authority of that State Contracting State and this shall inform the requesting Central Authority or, where appropriate, the applicant itself.

Article 10

The Central Authority of the State where the child is to meet should take or make sure that all appropriate measures are taken to ensure voluntary delivery of the same.

Article 11

The judicial or administrative authorities of the Contracting States should adopt measures of urgency with views on the return of the child.

If the respective judicial or administrative authority has not made a decision within 6 weeks from the date on which the application has been submitted to it, the applicant or the Central Authority of the State required, by its own initiative or at the request of the Central Authority of the requesting State, you may request a statement on the reasons for the delay. If it is the Central Authority of the State required to receive the answer, this authority should pass it on to the requesting State Central Authority or, if applicable, to the applicant itself.

Article 12

When a child has been unlawfully transferred or withheld pursuant to Article 3 and has elapsed a period of less than 1 year between the date of the transfer or undue retention and the date of the commencement of proceedings before the judicial or administrative authority of the Contracting State where the child is found, the respective authority should order the immediate return of the child.

The respective judicial or administrative authority, even after the expiry of the 1-year period referred to in the preceding paragraph, should order the return of the child, unless it is proved that the child is already integrated into its new medium.

Where the judicial or administrative authority of the requested State has reason to believe that the child has been taken to another State, it may suspend the proceedings or reject the application for the return of the child.

Article 13

Without prejudice to the provisions contained in the preceding Article, the judicial or administrative authority of the requested State shall not be obliged to order the return of the child if the person, institution or body opposing his return prove:

a) that the person, institution or body that had their care the person of the child did not effectively exercise the right of custody at the time of transfer or retention, or that he had consented to or agreed thereafter with this transfer or withholding ; or

(b) that there is a serious risk of the child, on his return, to be subject to perils of physical or psychic order, or, in any other way, to stay in an intolerable situation.

The judicial or administrative authority may also refuse to order the return of the child if it finds that this is opposed to it and that the child has reached age and degree of maturity such that it is appropriate to take into consideration the his views on the matter.

When assessing the circumstances referred to in this Article, judicial or administrative authorities should take into consideration the information concerning the social situation of the child provided by the Central Authority or by any another competent authority of the child's habitual state of residence.

Article 14

To determine the occurrence of unlawful transfer or retention under Article 3, the judicial or administrative authorities of the requested State will be able to take science directly from the law and judicial decisions or administrative, formally recognized or not, in the state of habitual residence of the child without having to resort to specific procedures for the protesting of that legislation or for the recognition of foreign decisions that would be another applicable form.

Article 15

The judicial or administrative authorities of a Contracting State may, before ordering the return of the child, apply for production by the applicant for a decision or of a past attestation by the authorities of the habitual State of residence of the child proving that the transfer or retention has been unlawful in accordance with Article 3º of the Convention, provided that such decision or attestation can be obtained in that State. The central authorities of the Contracting States shall, as far as possible, assist the applicants to obtain such a decision or attestation.

Article 16

After they have been informed of the unlawful transfer or retention of a child under Article 3, the judicial or administrative authorities of the Contracting State to where the child has been taken or where it is held shall not be able to make decisions on the fund of the right of custody without it being determined not to be satisfied the conditions laid down in this Convention for the return of the child or without a reasonable period of time without it being met filed for application of this Convention

Article 17

The mere fact that a decision relating to the guard has been made or is liable to recognition in the requested State shall not be able to serve as a basis for justifying the refusal to make a return to the child under this Convention, but the judicial or administrative authorities of the requested State may take into account the grounds of that decision in the application of this Convention.

Article 18

The provisions of this Chapter do not limit the power of judicial or administrative authorities to order the return of the child at any time.

Article 19

Any decision on the return of the child, taken under the terms of this Convention, does not affect the grounds of the right of custody.

Article 20

The return of the child in accordance with the provisions contained in Article 12º may be refused when it is not compatible with the fundamental principles of the State required with respect to the protection of human rights and freedoms fundamental.

Chapter IV

Right to Visit

Article 21

The request that is aimed at the organization or protection of the effective exercise of the right of visit may be directed to the Central Authority of a Contracting State under the same conditions as the application to the return of the child.

The Central Authorities, shall, in accordance with the cooperation duties provided for in Article 7, promote the peaceful exercise of the right of visit, as well as the fulfillment of all the conditions indispensable to the exercise of this right. Central authorities should make arrangements to remove, as far as possible, all obstacles to the exercise of that same right.

The Central Authorities, may, directly or through intermediaries, initiate or favor the legal procedure in order to organize or protect the right of visit and to ensure compliance with the conditions to which the financial year since right is subject.

Chapter V

General provisions

Article 22

No collateral or deposit, whatever their denomination, may be imposed to ensure the payment of costs of expenses relating to the judicial or administrative proceedings provided for in this Convention.

Article 23

No similar legalization or formality shall be required in the context of this Convention.

Article 24

Applications, communications and other documents shall be sent in the original language to the Central Authority of the State required and accompanied by a translation into the official language, or in one of the official languages, of that State, or, when such a translation it is hardly achievable, from a translation in French or English.

However, a Contracting State may, by making the reservation provided for in Article 42, object to the use being of French, be it from English, but not from both, at all request, communication or other document sent to the respective Authority Central.

Article 25

The nationals of a Contracting State and the persons habitually residing in that State shall have the right, in all that is related to the application of this Convention, to legal and legal assistance in any other State Contractor, under the same conditions as nationals of that other State and of the persons who habitually reside in it.

Article 26

Each Central Authority shall bear the costs resulting from the implementation of the Convention.

The Central Authority and the other public services of the Contracting States shall not require payment of costs for the submission of applications made pursuant to this Convention.

In particular, they will not be able to require from the applicant for payment of costs and expenses related to the case or, where appropriate, arising from the participation of lawyer or legal advisor. However, they will be able to demand the payment of the expenses occasioned by the return of the child.

However, any Contracting State may, by making the reservation provided for in Article 42, declare that it does not obligate the payment of the charge provided for in the preceding paragraph concerning the participation of lawyers or legal advisor or the payment of judicial costs, except if those charges can be covered by your system of legal and legal assistance.

When ordering the return of the child or regulating the right of visit in the framework of this Convention, judicial or administrative authorities may, if necessary, impose on the person who has transferred, who has retained the child or who has prevented the exercise of the right to visit the payment of all the necessary expenses made by the applicant or on his behalf, including the travel expenses, the expenses effected with the judicial representation of the applicant and the expenses with the return of the child, as well as all costs and expenses incurred in the child's location.

Article 27

When it is found that the conditions required by this Convention are not fulfilled or that the application is unsubstantiated, the Central Authority shall not be obliged to receive it. In such a case, the Central Authority shall immediately inform the applicant or, if so, the Central Authority that there is referred to the request for its reasons.

Article 28

The Central Authority may require that the application be accompanied by a written authorization giving it powers to act on behalf of the applicant or to appoint a representative empowered to act on his behalf.

Article 29

The Convention shall not prevent any person, institution or body who judges that there has been infringement of the right of custody or visiting, pursuant to Articles 3 or 21, to directly address the judicial or administrative authorities of any of the Contracting States, whether under the provisions of this Convention or not.

Artigo.30

All application submitted to the central authorities or directly to the judicial or administrative authorities of a Contracting State pursuant to this Convention, as well as any document or information to it attached or provided by a Central Authority, it should be admissible for courts or for administrative authorities of the Contracting States.

Artigo.31

With respect to a state which, in the matter of child care, has two or more applicable law systems in different territorial units:

a) any reference to the habitual residence in that State means habitual residence in a territorial unit of that State ;

b) any reference to the law of the state of habitual residence corresponding to the law of the territorial unit where the child has their habitual residence.

Article 32

With respect to a State which, in the matter of child custody, has two or several systems of law applicable to different categories of persons, any reference to the law of that State shall correspond to the reference to the legal system defined by the law of this State.

Article 33

A State in which different territorial units have their own rules of law on childcare shall not be required to apply this Convention in cases in which another State with a system of law unified is not obliged to apply it.

Article 34

In the matters to which this Convention applies, this shall prevail over the Convention of October 5, 1961 Relative to the Competence of the Authorities and the Applicable Law on the Protection of Minors, in the Case of States Parties to both Conventions. On the other hand, this Convention shall not prevent another international instrument in force between the State of origin and the State required or that the unconventional right of the requested State be relied upon to obtain the return of a child who has been unlawfully transferred or withheld, or to arrange the right of visit.

Article 35

In the Contracting States, this Convention applies only to the unlawful transfers or retention occurring after its entry into force in those States.

In the event that the statements provided for in Articles 39 or 40 have been made, the reference to a Contracting State made in the preceding paragraph shall correspond to the reference to the unit or territorial units to which the Convention applies.

Article 36

No provision of this Convention shall prevent two or more Contracting States, with the aim of reducing the restrictions to which it could be subject to the return of the child, to establish among themselves an agreement to derogate from the provisions that may entail such restrictions.

Chapter VI

Final Clauses

Article 37

The Convention is open to the signing of the States that were members of the Hague Conference of Private International Law when of its 14º session.

The Convention shall be ratified, accepted or approved, and instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 38

Any other state will be able to acceder to the Convention.

The Instrument of Accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The Convention shall enter into force, for the acceding State, on the first day of the third month after the deposit of its instrument of accession.

Accession shall only produce effect in the relations between the acceding State and the Contracting States which have declared to accept such accession. This declaration should also be made by any member state which ratifies, accepts or approves the Convention after such accession. This declaration shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, which shall, by diplomatic means, send a certified copy to each of the Contracting States.

The Convention shall enter into force between the acceding State and the State which have declared to accept such accession on the first day third month after the deposit of the declaration of acceptance.

Article 39

Any State may, in the same of the signature, ratification, acceptance, approval or accession, declare that the Convention shall be applicable to the set of territories that it internationally represents or only one or more of them. Such declaration shall take effect at the time when the Convention enters into force for that State.

Such a statement, as well as any further extension, will be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 40

The Contracting State comprising two or more territorial units in which different systems of law are applicable in relation to matters governed by this Convention may declare, at the time of signature, of the ratification, acceptance, approval or accession, that this Convention should apply to all its territorial units or only to one or more of them, and may, at any time, modify that declaration by presenting in another replacement.

Such statements shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, and shall expressly mention the territorial units to which the Convention shall apply.

Article 41

When the Contracting State posits a Government system by virtue of which the executive, judicial and legislative powers are shared between central authorities and other authorities of that State, the signature, ratification, acceptance or approval of the Convention, or accession to this, or the declaration made under Article 40, shall not bring any consequence as to the internal sharing of powers in that State.

Article 42

Every Contracting State may, up to the time of ratification, acceptance, approval or accession, or when a declaration made pursuant to Articles 39 or 40, make one or both reservations provided for in Articles 24 and 26, third paragraph. No other reservation will be admitted.

Any state can, at any time, withdraw a reservation that is done. The withdrawal should be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The effect of the reservation shall cease on the first day of the third month after the notification mentioned in the preceding paragraph.

Article 43

The Convention shall enter into force on the first day of the third month after the deposit of the third instrument of ratification, acceptance, approval or membership provided for in Articles 37º and 38º.

Then the Convention will enter into force:

1) for each State which ratifies it, accepts, approves or accede thereafter, on the first day of the third month after the deposit of the respective instrument of ratification, acceptance, approval or accession.

2) for territories or territorial units where the Convention has been made extensive pursuant to Articles 39º or 40º, on the first day of the third month after the notification provided for in these Articles.

Article 44

The Convention shall be given a duration of five years from the date of its entry into force, in accordance with the first paragraph of Article 43, even for States which have ratified it, accepted, approved or accede to later.

The Convention will be tacitly renewed every five years, unless denounced.

The complaint should be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least 6 months before the expiry of the five-year period. The denunciation may be limited to certain territories or territorial units where the Convention vigour.

The complaint shall only produce effect in relation to the State which has notified it. The Convention shall remain in force for the other Contracting States.

Article 45

The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the members of the Conference, as well as the States which it has accede to in accordance with the provisions contained in Article 38º:

1) of the signatures, ratifications, acceptanments and approvals referred to in Article 37 ;

2) of the accessions referred to in Article 38 ;

3) of the date on which the Convention will enter into force, in accordance with Article 43 ;

4) of the extensions referred to in Article 39 ;

5) of the statements mentioned in Articles 38 and 40 ;

6) of the reserves provided for in Articles 24 and 26, third paragraph, and of withdrawals of reserves provided for in Article 42 ;

7) of the complaints referred to in Article 44.

In faith than, the undersigned, duly authorized, sign the present Convention.

Made in The Hague on October 25, 1980 in French and English, both of which are also original texts in a single exemplar, which will be deposited in the archives of the Government of the Kingdom of the Netherlands and of which it will be remanded, by diplomatic via, a certified copy as per each of the Member States of the Hague Conference of Private International Law at the date of its 14ª Session.