ACT 173 OF 1994
Official Journal No. 41,643 of 22 December 1994
By means of which the Convention on Civil Aspects of the International Child Abduction, signed in The Hague on October 25, 1980, is approved.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Convention on Civil Aspects of the International Child Abduction", signed in The Hague on 25 October 1980.
Convention adopted by the 14th Session and signed on 25 October 1980 (1).
Convention on Civil Aspects of the
International Child Abduction
The States Parties to this Convention,
Deeply convinced that the interest of children is of paramount importance for all matters relating to their custody, Wishing to protect children at international level against the harmful effects of a transfer or no return The Commission has decided to conclude a Convention on the protection of the rights of the child in the State in which the child is habitually resident and to ensure the protection of the right of access. The following provisions:
ARTICLE 1o. This Convention is intended to:
a) To ensure the immediate return of illicitly transferred or held children in any Contracting State (sic);
b) To effectively enforce in the other Contracting States the rights of existing and visiting rights in a Contracting State.
ARTICLE 2o. The Contracting States (sic) shall take all appropriate measures to ensure within the limits of their territories the application of the objectives of this Convention. To this effect, they must use their urgency procedures.
ARTICLE 3o. Moving or not returning a child will be considered illegal:
(a) Where there has been a violation of the right of guardian assigned either to a person, an institution or any other body, either alone or jointly, by the law of the State in which the child habitually resided before his/her move or no return;
b) That this right was exercised effectively only or jointly at the time of the transfer or did not return or would have been if such facts had not been produced.
The right of guardian referred to in subparagraph (a) may be, in particular, by the Ministry of the Law of Full Law or a judicial or administrative decision or an agreement in force under the law of that State.
ICBF Concept 33 of 2016
ARTICLE 4. The Convention shall apply to any child habitually residing in a Contracting State immediately prior to the violation of any right of visitation. The application of the Convention will cease when the child reaches the age of 16.
ARTICLE 5o. For the purposes of this Convention:
(a) The "right of guardian" shall include the right to care for the person of the child and in particular the right to decide on his place of residence;
(b) The "right of visitation" shall include the right to take the child for a limited period of time to a place other than that of the child's habitual residence.
ARTICLE 6o. Each State shall designate a Central Authority responsible for fulfilling the obligations imposed by the Convention.
A Federal State, a State in which several legal systems are in force or a State which has autonomous territorial organizations may freely designate more than one central authority and specify the territorial scope of the the powers of each of these Authorities. The State which shall use this power shall designate the Central Authority to which applications may be sent for transmission to the Competent Central Authority in that State.
ARTICLE 7o. Central Authorities shall cooperate with each other and foster cooperation between the competent authorities of their respective States to ensure the immediate return of children and to achieve other objectives of this Convention.
In particular, they must take all appropriate measures, either directly or with the collaboration of any intermediary:
a) To locate a child moved or unlawfully held;
b) To prevent new hazards to the child or harm to the stakeholders, taking or making interim measures;
c) To ensure the child's voluntary delivery or facilitate a friendly solution;
d) To exchange, if this is useful, data relating to the social situation of the child;
e) To provide general information as to the legislation of the State concerning the application of the Convention;
(f) To initiate or facilitate the initiation of a judicial or administrative procedure in order to obtain the return of the child and, as the case may be, to allow the right of access to be organized or effectively exercised;
g) To grant or facilitate, as the case may be, obtaining legal and legal assistance, including the participation of a lawyer;
h) To ensure, at the administrative level, if necessary and timely, the return of the child without danger;
i) To keep each other informed about the implementation of the Convention and, as far as possible, the elimination of any obstacles to its application.
ARTICLE 8o. The person, institution or body that claims that a child has been transferred or held in violation of a right of guardian may make it known to the Central Authority where the child habitually or otherwise reside in the Central Authority of any Contracting State for assistance in order to ensure the return of the child.
The request must contain:
(a) Information about the name of the applicant, the child and the person from whom the child is alleged or has been taken or held;
(b) The date of birth of the child, where possible to obtain it;
c) The grounds on which the applicant will be based to claim the child's return;
d) All information available on the child's whereabouts and the name of the person with whom the child is presumed;
The request may be accompanied or completed by:
e) Authenticated copy of any relevant decision or agreement;
(f) Atstation or affidavit emanating from the Central Authority or other competent body where the child is habitually resident or a person empowered (or competent), relating to the law of the State in the matter;
g) Any other relevant document.
ARTICLE 9o. When the Central Authority you know of an application under Article 8o. have grounds to believe that the child is in another Contracting State, shall transmit the application directly to the Central Authority of that Contracting State and inform the requesting Central Authority or the applicant, as the case may be.
ARTICLE 10. The Central Authority of the State where the child is located will take or make appropriate steps to ensure their voluntary delivery.
ARTICLE 11. The administrative or judicial authorities of any Contracting State shall proceed as a matter of urgency for the return of the child.
Where the competent judicial or administrative authority has not taken a decision within six weeks of the initiation of the proceedings, the applicant or the central authority of the requested State may, on its own initiative or request from the Central Authority of the requesting State to request a statement on the reasons for that delay. If the response is received by the Central Authority of the requested State, this Authority shall transmit it to the Central Authority of the requesting State or to the applicant, as the case may be.
ARTICLE 12. When a child has been unlawfully moved or held within the meaning of Article 3o. and that a period of one year has elapsed at least from the transfer or has not returned before the initiation of the application to the administrative or judicial authority of the Contracting State where the child is found, the authority concerned order his immediate return.
The judicial or administrative authority, even if it is aware after the expiration of the one-year period provided for in the preceding paragraph, must also order the child's return unless it has been shown that the child has been integrated to your new medium.
When the administrative or judicial authority of the requested State has reason to believe that the child has been taken to another State, it may suspend the procedure or reject the child's return request.
ARTICLE 13. Notwithstanding the provisions of the previous article, the judicial or administrative authority shall not be obliged to order the return of the child when the person, institution or body that objects to the your return test:
(a) That the person, institution or body that cared for the child's person did not effectively exercise the right of guardian at the time of the transfer or did not return or had subsequently consented to or settled on that transfer or did not return;
b) That there is a serious risk that the child's return will not subject him to a physical or mental danger or in any other way does not put him in an intolerable situation.
The judicial or administrative authority may also refuse to order the return of the child if it finds that the child is opposed to his return and that he has reached an age and maturity where I will show that it is appropriate to take this view into account.
In the assessment of the circumstances referred to in this Article, the judicial or administrative authorities shall take into account the information provided by the Central Authority or any other competent authority of the State. where the child is habitually resident about their social status.
ARTICLE 14. For the purpose of determining the existence of a shipment or a non-return unlawful within the meaning of Article 3o., the judicial or administrative authority of the requested State may take into account the legislation and judicial or administrative decisions formally recognised or not in the State where the child is habitually resident without having to resort to the specific procedures on the evidence of such legislation or by the recognition of foreign decisions that would otherwise be applicable.
ARTICLE 15. Before ordering the return of the child, the administrative and judicial authorities of a Contracting State may ask the applicant to submit a decision or address to the child. authorities of the State where the child is habitually resident where it is established that the transfer was unlawful within the meaning of Article 3o. of the Convention, in so far as this decision can be obtained or is granted in that State. The central authorities of the Contracting States shall collaborate as far as possible to obtain such a decision or address.
ARTICLE 16. After being informed of the unlawful transfer of a child or of his/her failure to return within the meaning of Article 3o., the judicial or administrative authorities of the Contracting State where the child have been moved or held in custody shall not be able to settle on the merits of the right of custody until it has been proved that the conditions of this Convention are not met for the return of the child or until a period has elapsed. (a) a reasonable period of time for the submission of an application in accordance with the provisions of the Convention.
ARTICLE 17. The mere fact that a decision has been made or is likely to be recognized in the requested State shall not justify the refusal to return a child under this Convention, but the judicial and administrative authorities of the requested State may take into account the reasons for this decision in the application of this Convention.
ARTICLE 18. The provisions of this Chapter shall not limit the powers of the judicial or administrative authority to order at any time the return of the child.
ARTICLE 19. A decision on the return of the child given under the Convention will not affect the right of guardian as to the fund.
ARTICLE 20. In accordance with the provisions of Article 12, the return of the child may be denied if this is not permitted by the fundamental principles of the requested State on the protection of human rights. human rights and fundamental freedoms.
Right of visit
ARTICLE 21. An application may be directed to the organization or protection of the exercise of a right of visit to the Central Authority of a Contracting State in the same manner as an application for the return of the child.
The central authorities shall be bound by the cooperation obligations referred to in Article 7o. to ensure the peaceful exercise of the right of visit and the fulfilment of any conditions to which the exercise of this right would be subject and to ensure that, as far as possible, the obstacles which may be opposed to it are eliminated. this.
The Central Authorities either directly or through intermediaries may initiate or favor a legal procedure for the purpose of organizing or protecting the right of access as well as the conditions to which the exercise of the right of access may be this right.
ARTICLE 22. No caution or any deposit may be imposed in any name to guarantee the payment of costs and expenses in the context of judicial or administrative proceedings. indicated by this Convention.
ARTICLE 23. No legalization or similar processing will be required in the context of this Convention.
ARTICLE 24. Any request, notification or other document shall be sent in its original language to the Central Authority of the State and accompanied by a translation into the official language or one of the official languages of this State or if this translation is hardly feasible, by a translation into French or English. However, a Contracting State in making the reservation provided for in Article 42 may object to the use either of the French or of the English in any application, notification or other document addressed to its Central Authority.
ARTICLE 25. Nationals of a Contracting State and persons habitually residing in that State shall be entitled to all that has to do with the application of the Convention to assistance judicial and legal in any other Contracting State under the same conditions as if they were themselves nationals of that other State or habitually resident in it.
ARTICLE 26. Each Central Authority shall bear its own costs when applying the Convention.
The Central Authority and the other public services of the Contracting States shall not impose any costs in relation to the applications submitted in accordance with the provisions of the Convention.
In particular, they will not be able to claim to the applicant the payment of the costs and expenses of the process or eventually the expenses caused by the participation of a lawyer. However, they may require or pay for the costs incurred or would be caused by the operations related to the return of the child.
However, when making the reservation provided for in Article 42, a Contracting State may declare that it is not obliged to pay the expenses referred to in the preceding paragraph relating to the participation of a lawyer or legal adviser but in the extent to which such costs may be covered by their service of legal or judicial assistance.
By ordering the return of the child or in resolving the right of access within the framework of the Convention, the judicial or administrative authority may, as the case may be, impose the charge of the person who has transferred or retained the child or who has preventing the exercise of the right of visits to pay all the necessary costs incurred by the applicant or on his behalf, in particular the travel costs, the costs of judicial representation of the applicant and the return of the child, as well as all costs and expenses incurred to locate the child.
ARTICLE 27. Where it is apparent that the conditions required by the Convention are not met or that the application is unfounded, a Central Authority shall not be obliged to accept such a request. In such case, it shall immediately inform the applicant of its reasons or the Central Authority that it has transmitted the application, as the case may be.
ARTICLE 28. A Central Authority may require that the application be accompanied by a written authorization to act on behalf of the applicant or to designate a representative empowered to act on your behalf.
ARTICLE 29. The Convention shall not prevent a person, institution or body from claiming that there is a violation of the right to save or visit within the meaning of Articles 3o. and 21, to address directly to the judicial or administrative authorities of the Contracting States by application or not of the provisions of the Convention.
ARTICLE 30. Any application filed with the central authority or directly before the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention as well as any document or information annexed to such application or provided by an Authority shall be admissible before the courts or administrative authorities of the Contracting States.
ARTICLE 31. In relation to a State that has two or more legal systems applicable to different territorial units in the field of child care:
(a) Any reference to the habitual residence in that State shall be interpreted as the habitual residence in a territorial unit of that State;
(b) Any reference to the law of the State of habitual residence shall be interpreted as the law of the territorial unit in which the child habitually resides.
ARTICLE 32. In relation to a State which in the field of child-bearing rights has several legal systems applicable to categories of persons other than any reference to the legislation of that State. Status will be interpreted as the legal order designated by this legislation.
ARTICLE 33. A State in which different territorial units have their own rules of law in the field of child guard shall not be obliged to apply the Convention when a State whose law legal is unified would not be required to apply it.
ARTICLE 34. In the matters in which it shall be applied, the Convention shall prevail over the Convention of 5 October 1961 on the jurisdiction of the authorities and the applicable law on the protection of Minor among the States Parties to the two Conventions.
Furthermore, this Convention shall not prevent another international instrument in force between the State of origin and the requested State, nor that the non-conventional legislation of the requested State is invoked to obtain the return of a child. that has been unlawfully moved or retained or to organize the right of visit.
ARTICLE 35. The agreement shall not apply between the Contracting States but for kidnappings or non-illicit returns that have occurred after their entry into force in those States. If a declaration has been made in accordance with Articles 39 and 40, the reference to a Contracting State referred to in the preceding paragraph shall mean the unit or territorial units to which the Convention applies.
ARTICLE 36. Nothing in this Convention shall prevent two or more Contracting States in order to limit the restrictions to which the child's return may be subject, which shall be mutually agreed to repeal. the provisions of the Convention which may involve such restrictions.
ARTICLE 37. The Convention shall be open for the signature of the States that were Members of the Hague Conference on Private International Law in its 14th Period of Sessions shall be ratified, accepted or approved and the 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 may accede to the Convention.
The instrument of accession will 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 calendar month after the deposit of its instrument of accession.
Accession will have no effect but on the relations between the acceding State and the Contracting States which have declared to accept such accession. Such a declaration must also be made by any Member State which ratifies, accepts or approves the Convention at a later date. This declaration shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, which shall send a certified copy to each of the Contracting States.
The Convention shall enter into force between the acceding State and the State which has declared to accept such accession on the first day of the third calendar month after the deposit of the declaration of acceptance.
ARTICLE 39. Any State may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all territories it represents at international level or to one or more of them. This declaration shall take effect at the time when it enters into force for that State.
This statement, as well as any further extension, will be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
ARTICLE 40. A State that has two or more territorial units in which different legal systems are applied to the matters dealt with by this Convention may, at the time of signature, ratification, acceptance, approval or accession to declare that this Convention shall apply to all its territorial units or only to one or more of them and at any time may amend this declaration when making a new declaration.
These statements shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall expressly indicate the territorial units to which the Convention applies.
ARTICLE 41. When a State has a form of government under which the executive, judicial and legislative powers are distributed among Central Authorities and other authorities of that State, the signature, ratification, acceptance or approval of the Convention or accession thereto, or a declaration under Article 40 shall have no effect on the internal distribution of the powers within that State.
ARTICLE 42. Any Contracting State may do later at the time of ratification, acceptance, approval or accession or at the time of a declaration made pursuant to Articles 39 and 40, either one or the two reserves provided for in Articles 24 and 26 (3). No other reservation will be permitted.
Any State may, at any time, withdraw a reservation it has made. This withdrawal will be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The effects of the reservation shall cease on the first day of the third calendar month after the notification referred to in the preceding paragraph.
ARTICLE 43. The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession provided for in Articles 37 and 38.
Then, the Convention will take effect:
1. For each State that ratifies, accepts, approves or accedes thereafter, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession.
2. For the territories or territorial units to which the Convention has been extended in accordance with Article 39 or 40, on the first day of the third calendar month after the notification referred to in those Articles.
ARTICLE 44. The Convention shall be five years from the date of its entry into force in accordance with the provisions of Article 43, first subparagraph even for States which have signed the Convention. subsequently ratified, accepted or approved or acceded to it.
The Convention shall be tacitly renewed every five years, except in the case of a complaint.
The complaint shall be notified at least six months before the expiration of five years, to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. It may be limited to certain territories or territorial units to which the Convention applies.
The complaint shall not take effect but with respect to the State which has notified it. The Convention will remain in force for the other Contracting States.