ACT 620 OF 2000
Official Journal No 44207 of 27 October 2000 PUBLIC POWER
Through which the "Inter-American Convention on International Return of Children", signed in Montevideo, Uruguay, the fifteen (15) July in 1989 (1989), approved at the Fourth Inter-American Specialized Conference on Private International law. Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Inter-American Convention on International Return of Children", signed in Montevideo, Uruguay, the fifteen (15) July in 1989 (1989), in the fourth Inter-American Specialized Conference on Private International law, which reads:
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached).
INTER-AMERICAN CONVENTION ON INTERNATIONAL RETURN OF CHILDREN Scope
ARTICLE 1o. This Convention aims to ensure the prompt return of children habitually resident in any of the States Parties and have been illegally transferred from any State to a State Party or having been legally transferred shall have been held illegally. Another object of this Convention to secure enforcement of visitation and custody or guardianship by their owners.
. For the purposes of this Convention, it is considered less than any person who has not reached sixteen years of age.
ARTICLE 3o. For the purposes of this Convention:
a. The right of custody include rights relating to the care of the child and, in particular, the right to determine their place of residence;
B. Visiting rights include the right to take a child for a limited differently from their usual place of residence period.
. Is considered the removal or retention of a minor illegal when it occurs in violation of the rights exercised individually or jointly, parents or guardians, or any institution, immediately before a fact, in accordance with the law the habitual residence.
The 5th ARTICLE. They may establish the procedure for return of children, in exercise of the right of custody or other similar persons and institutions designated in Article 4o.
. They are competent to hear the application for return of children covered by this Convention, the judicial or administrative authorities of the State Party where the minor habitually resident immediately before the removal or retention.
A choice of actor and when there are urgent reasons may the application for restitution to the authorities of the State Party in whose territory it is or is supposed to be the child finds it illegally removed or retained, when you made the request; also, to the authorities of the State Party where it the wrongful act giving rise to the claim.
The fact promote the application under the conditions provided in the preceding paragraph does not involve amendments to the rules of international competition defined in the first paragraph of this article. Central Authority
Article 7. For the purposes of this Convention, each State Party shall designate a central authority for compliance with the obligations established under this Convention and shall communicate that designation to the General Secretariat of the Organization of American States.
In particular, the central authority will work with the actors of the procedure and the competent authorities of the respective States in locating and returning the child; likewise, will take place arrangements to facilitate the prompt return and delivery of the child, helping those interested in obtaining the necessary documents for proceedings under this Convention.
The central authorities of States Parties shall cooperate and exchange information on the operation of the Convention in order to ensure the immediate return of children and the other objectives of this Convention.
PROCEDURE FOR RESTITUTION 1item the 8th. Holders of return procedure may be exercised as provided in Article 6, as follows:.
A. Through letter rogatory; or
b. By application to the central authority, or
c. Directly, or through diplomatic or consular channels.
Article 9. 1. The request or demand that the previous article refers to, shall contain:
A. History or facts concerning the removal or retention and sufficient information regarding the identity of the applicant, detained or abducted child and, if possible, of the person to whom the removal or retention is charged;
B. Relevant information concerning the alleged location of the child, circumstances and dates the transfer abroad or the expiration of the authorized length and
c. The legal arguments that the return of the child is supported.
2. At the request or demand must accompany:
a. full and certified copy of any judicial or administrative decision if any, or the agreement that motivates; concise evidence of the existing situation or, as appropriate, the argument of the pertinent applicable law;
B. Certified documents establishing the standing of the applicant;
C. Certification or information issued by the central authority of the State of habitual residence or any other competent authority of that State, in connection with the law on the subject in that State;
D. When the official language of translation required of all documents referred to in this article to state, and
e) necessary indication of the necessary measures to effect the return.
3. The competent authority may waive any of the requirements or presentation of the documents required by this article if, in his opinion, the return is justified.
4. Rogatory, applications and documents attached thereto, shall not require the legalization when transmitted through diplomatic or consular channels, or through the central authority.
Article 10. The judge urged the central authority or other authorities of the State where the child, adopted in accordance with the law and where appropriate, all measures that are conducive to the voluntary return of the child.
If the return not voluntarily, judicial or administrative authorities, after verification of compliance with the requirements of article 9. without further ado, they will take personal knowledge of the child, take the necessary measures to ensure temporary custody or under the conditions aconsejaren circumstances and, if appropriate, be provided without delay their return. In this case, it will be communicated to the institution, according to its domestic law, appropriate safeguard the rights of the child.
Also, while the application for refund is pending, the competent authorities shall take the necessary measures to prevent the child from leaving the territory of their jurisdiction.
ARTICLE 11. The judicial or administrative authority of the requested State is not bound to order the return of the child, where the person or institution opposition is established:
a. Holders of the application or request for return was not actually exercising their right at the time of removal or retention, or there Were consented or given their consent after such removal or retention, or
b. There is a grave risk that the return would expose the child to physical or psychological danger.
The requested authority may also reject the return of the child if it finds that it is opposed to return and trial of the former, the age and maturity warrant taking its views into account.
ARTICLE 12. The objections to the preceding article shall be submitted within a period of eight working days from the time the authority taketh personal knowledge of the child and doeth know who holds it.
The judicial or administrative authorities shall assess the circumstances and the evidence that provides the opposing party to found the negative. Shall ascertain the applicable law and jurisprudence or existing in the State of the habitual residence administrative precedents, and require, if necessary, the assistance of the central authorities, or diplomatic or consular agents of States Parties .
Within sixty receipt of the opposition calendar days, the judicial or administrative authority shall issue its decision.
Article 13. If within forty-five calendar days as may be received by the requesting authority the resolution by which the delivery is available, have not been taken the necessary steps to implement the removal of the child, will be without effect the orderly return and the measures taken.
Transfer costs will be in charge of the actor if he lack the means, the authorities of the requesting State may facilitate removal costs, subject to repeat the same against whom proves responsible for the displacement or unlawful restraint.
Article 14. The procedures provided in this Convention shall be commenced within one calendar year, counted as of the date on which the minor was illegally removed or retained.
As to children whose whereabouts are unknown, the period shall be computed from the date on which they were located accurately and effectively.
As an exception the expiry of the year does not prevent access to the application for a refund if at the discretion of the requested authority justify the circumstances of the case, unless it is established that the child is settled in his new environment .
ARTICLE 15. The return of the child shall not prejudge the final determination of custody or guardianship.
ARTICLE 16. After being informed of the unlawful removal of a child or retention under article 4o., The judicial or administrative authorities of the State party where the child has been taken or where it is retained, no they may decide on the merits of rights of custody until it is proven that the conditions of the Convention for a return of the child or until a reasonable time has elapsed without having been submitted a request for application of this Convention are not met.
Article 17. The foregoing provisions shall not limit the power of judicial or administrative authority to order the return of the child at any time.
LOCATION OF MINORS 1Article 18. The central authority, or authorities, judicial or administrative provisions of a State Party, at the request of any of the persons mentioned in article 5., And these directly may require the competent authorities of another State Party of the location of children who have habitual residence in the State of the applicant authority and allegedly found illegally in the territory of another State.
The application must be accompanied by all the information provided by the applicant or seek the applicant authority, concerning the whereabouts of the child and the identity of the person with whom one is presumed.
ARTICLE 19. The Central Authority or the judicial or administrative authorities of a State Party, following the request in the previous article refers to, come near to know that is a minor in their jurisdiction illegally outside his residence usual, they shall immediately take all measures that are conducive to ensure their health and prevent its concealment or removal to another jurisdiction.
The location will be communicated to the authorities of the requesting State.
Article 20. If restitution is not it be requested within sixty calendar days from the communication of the whereabouts of the child to the authorities of the requesting State, measures taken under Article 19 may be effect .
The lifting of the measures will not prevent the exercise of the right to seek restitution in accordance with the procedures and deadlines set forth in this Convention.
RIGHT TO VISIT 1Article 21. The request was entered to secure enforcement of visitation rights by their holders may be addressed to the competent authorities of any State Party under Article 6o. of this Convention. The respective procedure is provided for in this Convention for the return of the child.
GENERAL PROVISIONS 1 Article 22. Letters rogatory and applications for restitution and location may be transmitted to the authority required by the interested parties themselves, through the courts, through diplomatic or consular agents, or by authority competent central of the requesting or requested State, as applicable.
Article 23. The processing of letters rogatory or requests under this Convention and the measures arising therefrom shall be free and shall be exempt from any kind of tax, deposit or bond, whatever their denomination.
If interested in initiating a letter rogatory or request that have appointed proxy in the required forum, thereby incur fees and expenses that the exercise of power to grant, will be in charge.
However, the order the return of a child under the provisions of this Convention, the competent authorities may, in the circumstances of the case, the person who removed or retained the child illegally to pay the necessary expenses incurred by the applicant, the other incurred in locating the child, as well as the costs and expenses inherent in restitution.
ARTICLE 24. The arrangements and measures necessary to enforce compliance with the letters rogatory shall be implemented directly by the requested authority, and do not require intervention by an interested party. This does not preclude the parties involved personally or through proxy.
ARTICLE 25. The return of the child provided under this Convention may be refused when it is manifestly in violation of the fundamental principles of the State enshrined in universal instruments and regional human rights and child.
Article 26. This Convention shall not preclude the competent authorities to order the immediate return of the child when the removal or retention is a criminal offense.
Article 27. The IACI will be responsible, as a specialized agency of the Organization of American States, coordinate the activities of the central authorities in the field of this Convention, and the powers to receive and evaluate information of the States Parties to this Convention arising from the application thereof.
It shall also be responsible for cooperating with other relevant international organizations in the field.
1item FINAL PROVISIONS 28. This Convention is open for signature by member states of the Organization of American States.
Article 29. This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
Article 30. The present Convention shall be open to accession by any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
Article 31. Each State may make reservations to this Convention when signing, ratifying or acceding to it, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of this Convention.
Article 32. The State Party has two or more territorial units in which different systems of law governing matters dealt with in this Convention, may, at the time of signature, ratification or accession to the Convention will apply to all its territorial units or only to one or more of them.
Such declarations may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which this Convention shall apply. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall become effective thirty days after received.
Article 33. For a State which has in matters of custody of children two or more systems of law applicable in different territorial units:
a. Any reference to habitual residence in that State includes the habitual residence in a territorial unit of that State;
B. Any reference to the law of the State of habitual residence refers to the law of the territorial unit in which the child's habitual residence.
Article 34. Member States of the Organization of American States that are party to this Convention and the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, govern this Convention .
However, States Parties may agree among themselves bilaterally priority implementation of the said Hague Convention of 25 October 1980.
Article 35. This Convention shall not limit any provisions conventions regarding this matter have been signed or may be signed in the future bilaterally or multilaterally by the States Parties, or the most favorable practices that those States may observe in the matter.
Article 36. This Convention shall enter into force on the thirtieth day after the date on which the deposit of the second instrument of ratification.
For each State ratifying or acceding to it after the deposit of the second instrument of ratification of the Convention, the Convention shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification or accession.
Article 37. This Convention shall remain effective indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, counted from the date of deposit of the instrument of denunciation, the Convention shall cease to have effect for the denouncing State, but shall remain in force for the other States Parties.
Article 38. The original instrument of this Convention, the texts in Spanish, French, English and Portuguese languages are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of your text the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the member States of that Organization and the states that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession and denunciation, and any reservations that any. It shall also transmit the declarations provided for in the relevant articles of this Convention.
In witness whereof, the undersigned plenipotentiaries, duly authorized by their respective governments, have signed this Convention.
Made in the city of Montevideo, Oriental Republic of Uruguay, on the fifteenth of July in 1989.
For Antigua and Barbuda:
For Antigua and Barbuda: Antigua and Barbuda
For Guatemala: For Guatemala
Pela Guatemala: Guatemala Pour Le
for the Commonwealth of the Bahamas:
for the Commonwealth of the Bahamas:
Pela das Commonwealth Bahamas:
Pour Le Commonwealth des Bahamas:
by Grenada: Grenada For
For Grenada: Pour la Grenade
For Mexico: Mexico Hair
Pour le Mexique:
By Costa Rica: Costa Rica For
Pela Costa Rica: Costa Rica Pour le
For the Dominican Republic:
For the Dominican Republic: Dominican Republic Pela
: || | Pour la République Dominicaine:
for the United States of America:
for the United States of America:
Pelos United States gives America:
Pour les Etats-Unis d'Amerique:
for Barbados: Barbados
Pour la Barbade:
by St. Kitts and Nevis:
for St. Kitts and Nevis: St. Kitts and by
Kitts et Nevis St. Pour:
For Brazil: Brazil Hair
Pour le Bresil:
For Honduras: Honduras For
: | || For Honduras: Honduras Pour le
For Ecuador: Equador Hair
For Chile: Chile Hair
Pour le Chili:
For Venezuela: Venezuela Pela
Pour le Venezuela:
For Saint Vincent and the Grenadines: || | For Saint Vincent and the Grenadines:
By SÆo Vincent and Grenadines:
For Panama: Panama Hair
pour le Panama:
By Suriname: Suriname For
Hair Suriname: Suriname pour le
For Peru: Peru Hair
pour le Pérou:
For Paraguay: Paraguay Hair
pour le Paraguai:
For Saint Lucia: Saint Lucia For
Por Santa Lúcia: Pour Sainte-Lucie
For Jamaica: Jamaica Pela
Pour la Jamaique:
For Trinidad and Tobago:
For Trinidad and Tobago: | Trinidad and Tobago || By:
Pour La Trinité et Tobago:
For Uruguay: Uruguay For
Pelo Uruguai: Pour l'Uruguay
For Nicaragua: || | For Nicaragua: Nicaragua Pela
Pour le Nicaragua:
For Bolivia: Bolivia Pela
Pour le Bolivie:
For Haiti: || | For Haiti: Haiti Hair
For El Salvador:
For El Salvador:
For El Salvador: El Salvador Pour
For the Republic Argentina:
For the Argentine Republic:
Pela Republic Argentina: Pour la Republique Argentine
For Colombia: Colombia Pela
Pour la Colombie:
for the Commonwealth of Dominica:
for the Commonwealth of Dominica: Dominica da Commonwealth Pela
Pour le Commonwealth of Dominique:
certify that the foregoing document is a true and exact copy of the authentic Spanish text of the Inter-American Convention on International Return of Children, signed in Montevideo, Uruguay, on July 15, 1989 at the Fourth Inter-American Specialized Conference on Private International Law : and signed that instrument is deposited with the General Secretariat of the Organization of American States.
2 August 1990
I hereby certify That the foregoing document is a true and faithful copy of the authentic text in Inglés of the Inter-American convention on the international return of children, signed at Montevideo, Uruguay, on July 15, 1989, at the Fourth Inter-American Specialized Conference on Private International Law, and That the above-Mentioned signed instrument is on deposit With the General Secretariat of the Organization of American States.
August 2. 1990 or previous document certify that a true copy and Exata é do authentic text in Portuguese gives Conven ‡ "or Inter on to restitui ‡" or international child; and that instrument or referred assinado Secretary-Geral da na ‡ Organize "or two-FIND-American States was deposited.
2 August 1990
Je certifie that le texte qui et Fidèle copy Precede estune as the version fran ‡ aise authentique de la Convention sur le retour international interaméricaine of mineurs; and that l'est depose instrument susmentionné auprés du général de l'Organisation Secretariat des Etats Américains.
Le 2 to "ut 1990 by the Secretary General
For the Secretary General Hair Secretário-Geral Pour le Secrétaire général
Hugo Caminos Secretary for Legal Affairs undersecretary of Assuntos Legal
General Secretariat of the OAS Secretary-Geral da
OAS Assistant Secretary for Legal Affairs Secrétaire adjoint aux OAS General Secretariat
questions juridiques Secrétariat général de l'OAS
EXECUTIVE BRANCH PUBLIC POWER
PRESIDENCY oF THE REPUBLIC Santa Fe de Bogota, DC, September 10, 1992. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
Ernesto Samper Pizano (. OTF) EMMA MEJIA VELEZ MARIA
ARTICLE 1o. Approval of the "Inter-American Convention on International Return of Children", signed in Montevideo, Uruguay, the fifteen (15) July in 1989 (1989), at the Fourth American Specialized Conference on Private International Law. Article 2.
. In accordance with the provisions of article 1. 7a Act 1944, the "Inter-American Convention on International Return of Children", signed in Montevideo, Uruguay, the fifteen (15) July in 1989 (1989), the Fourth Inter-American Specialized Conference on International Law private, that article 1 of this law is passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3o. This law applies from the date of publication. MARIO URIBE ESCOBAR
The President of the honorable Senate of the Republic Manuel Enríquez Rosero
The Secretary General of the honorable Senate
BASILIO VILLAMIZAR TRUJILLO President of the honorable House Representatives
ANGELINO LIZCANO RIVERA Secretary General of the honorable House of Representatives
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution .
COMMUNICATED AND PUBLISHED Given in Bogotá, DC, on October 25, 2000
Guillermo Fernandez de Soto Minister for Foreign Affairs
TRUJILLO GONZALEZ ROMULO Minister Justice and law