Convention On The Civil Aspects Of International Cooperation. Abduction Of Children

Original Language Title: Úmluva o občanskoprávních aspektech mezinár. únosů dětí

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=46422&nr=34~2F1998~20Sb.&ft=txt

34/1998 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs communicates, on 25 September 1995. October 1980 was in

The Hague adopted the Convention on the civil aspects of international child abductions

children.



On behalf of the Czech and Slovak Federal Republic, the Convention was signed in

The Hague on 28. December 1992.



Czech Republic announced by letter from the Minister for Foreign Affairs on 28.

January 1993 the Government of the Kingdom of the Netherlands, depositary of the Convention, as

successor State of the Czech and Slovak Federal Republic with effect from

January 1, 1993 for the signatory State considers the Convention on the civil

aspects of international child abduction of 25 October. October 1980.



With the Convention gave its assent, Parliament of the Czech Republic and the President of the

the Republic ratified subject to it pursuant to article 42 of the Convention, "the Czech

the Republic will not pay the expenditure referred to in article 26(3). 2 of the Convention,

arising from the participation of legal counsel or advisers or as the costs of the proceedings,

In addition to the costs that it is possible to pay by its own editing

the provision of legal assistance and advice ". The ratification instrument the United

the Republic was deposited with the Government of the Netherlands on 15 December. December

1997.



Convention entered into force on the basis of article 43 on 1 January 2000. December

1983 and for the Czech Republic in accordance with the provisions of paragraph 1 of the same

Article on 1 January 2000. on 31 March 1998.



Czech translation of the Convention shall be published at the same time.



CONVENTION



on the civil aspects of international child abduction



The Contracting States to this Convention,



firmly convinced that in matters of custody of children shall have the interests of children are of paramount

the importance of,



Desiring to protect children internationally from the harmful effects

their wrongful removal or retention and to establish procedures to

ensure their prompt return to the State of their habitual

residence, as well as to ensure the protection of the rights of the contact with them,



to that end, have decided to conclude a Convention and have agreed on the following

provisions:



CHAPTER I



THE SCOPE OF THE CONVENTION



Article 1



The objects of this Convention are:



and) to ensure the prompt return of children wrongfully removed to or

retained in any Contracting State,



(b)) to ensure that the rights of custody and contact with him by

law of a Contracting State are effectively respected in

the other Contracting States.



Article 2



The Contracting States shall take all necessary measures to ensure the objectives of the Convention

on their territories. With this objective must be for them the fastest

way possible.



Article 3



Removal or retention of a child is considered wrongful if:



the law has been violated and) care for the child that has the person, institution or

any other authority shall either together or separately, in accordance with the legal

order of the State in which the child was habitually resident immediately before the

the removal or retention,



(b)) at the time of removal or retention was actually exercised this right,

together or alone, or would have been, had they been carried out as follows

There has been no transfer or detention.



The rights of custody mentioned in subparagraph (a)) may arise in particular by operation of law

or from a judicial or administrative decision, or of the agreement valid under

the law of that State.



Article 4



The Convention will apply to every child who was habitually resident

in a Contracting State immediately before the violation of the rights of custody of them or

contact with him. The Convention shall not apply if the child has reached the age of sixteen

years of age.



Article 5



For the purposes of this Convention:



a) "rights of custody" shall include rights relating to the care of the person

of the child and in particular the right to determine the place of residence of the child,



(b)) "the right to contact with the child" includes the right to take a child for a limited period

to another place than the child's habitual residence.



CHAPTER II



THE CENTRAL AUTHORITIES



Article 6



Each Contracting State shall designate a central authority to discharge the duties imposed on

The Convention that authority.



Federal States, States with more than one legal system or States

having an autonomous territorial units may designate more than one central authority

and mark the territorial scope of their jurisdiction. State which has designated more than

one central authority, it shall designate the central authority to which the request will be sent

for referral to the competent central authority of that State.



Article 7



Central authorities shall cooperate with each other and promote cooperation

between the competent authorities in their States to ensure prompt

the return of children and to achieve the other objectives of this Convention. In particular, either directly

or through an intermediary shall take all necessary measures to ensure that:



and the whereabouts of the child), which has been wrongfully removed or

seized,



(b) protect the child further injury) and stakeholders of damage by

shall take provisional measures or arrange for their adoption,



(c) ensure the voluntary return of the child) or to facilitate an amicable

the solution,



(d)), if necessary, be mutually disclosed information regarding the

social status of the child,



(e)) are provided for general information about the legal order of the State,

concerning the implementation of the Convention,



(f) initiate or facilitate the initiation of the) judicial or administrative proceedings for the

the purpose of the regulation, the return of the child, to modify or to ensure the

effective exercise of the rights of the child,



g) ensure or facilitate, if circumstances so require, to provide

legal aid and advice, including the participation of legal counsel,



h) have made such administrative measures which are necessary and appropriate to

to ensure the safe return of the child,



I) mutually informed of the implementation of this Convention and, if it is

possible, eliminate any obstacles in its implementation.



CHAPTER III



THE RETURN OF THE CHILD



Article 8



The person, institution or other body claiming that a child has been transferred

or retained infringed the right to custody of the child, may request either

the central authority of the child's habitual residence or to the central authority of

any other Contracting State for assistance in securing the return of the

of the child.



The proposal must include:



and the identity of the claimant), the child and the person with the claim,

that the child has moved or retained



(b) the child's date of birth), if known,



(c)) the grounds on which the applicant bases its proposal on the return of the child,



(d)), all available data on the child and the identity of the person for whom

the child probably is.



The proposal is meant to connect or add:



e) a certified copy of any decision or agreement relating to the

things,



f) confirm or affidavit issued by the central authority of the

or other competent authority of the State of habitual residence of the child or

a person eligible to do so relating to the laws of that State,

applicable in the case in question,



g) any other document related to the case.



Article 9



If the central authority which receives the proposal referred to in article 8, the reason is

to believe that the child is in another Contracting State, it shall transmit directly and without delay,

the proposal to the central authority of the Contracting State and shall inform the

requesting central authority and, where applicable, of the applicant.



Article 10



The central authority of the State where the child is shall take or arrange to have the

taken all the measures needed to achieve the voluntary return of the

of the child.



Article 11



In proceedings for the return of children will be the judicial or administrative authorities of the Contracting

States to act expeditiously.



Unless otherwise decided by the competent judicial or administrative authority, within six weeks from the

the initiation of proceedings, the applicant or the central authority of the requested State, without

motion or on application of the central authority of the requesting State may ask for

the communication of the reasons for the postponement.



If the central authority of the requested State, shall transmit it to the Central response

authority of the requesting State or, where appropriate, to the applicant.



Article 12



If a child has been wrongfully removed or retained under article 3

and on the day of the initiation of proceedings before the judicial or administrative authority of the Contracting

State in which the child is, a period of less than one year has elapsed from the date of

wrongful removal or retention, the authority concerned shall

the immediate return of the child.



Unless it is that the child is now settled in its new environment, judicial or

the administrative authority shall order the return of the child, even where the proceedings commenced after the expiration

a period of one year referred to in the preceding paragraph.



If the judicial or administrative authority of the requested State has grounds to believe that

the child was transferred to another State, it may stop the proceedings or

reject the proposal on the return of the child.



Article 13



Notwithstanding the provisions of the preceding article is not a judicial or

the administrative authority of the requested State is obliged to order the return of the child,

If the person, institution or other body which it does not agree with his

return establishes that:



and) the person, institution or other body which was supposed to take care of the person of the child,

in fact, has not exercised the right of custody at the time of the transfer or

detention or agreed or later acquiesced to relocation, or

detention, or



(b)) is a grave risk that the return would expose the child to physical or psychological

harm or otherwise got to an intolerable situation.



The judicial or administrative authority may also refuse to order the return of the child


If it is found that a child does not agree with the return and has attained an age and degree of

maturity, in which it is appropriate to take account of its opinion.



In considering the circumstances referred to in this article, the judicial and administrative

the authorities must take into account the information relating to the social position of the

the child provided by the central authority or other competent authority

the habitual residence of the child.



Article 14



In determining whether there was an unlawful removal or retention

in accordance with article 3, the judicial or administrative authorities of the requested State may, without

further take account of the law and judicial or administrative decision

formally recognized or underground in the State of habitual residence of the child,

without the specific proceeding in respect of proof of this right

or for the recognition of foreign decisions which would otherwise be applied.



Article 15



Judicial or administrative authorities of a Contracting State may, before ordering

the return of the child, require that the applicant has received from the authority of the State

the habitual residence of the child a decision or other findings, that the transfer

or detention was unlawful under article 3 of the Convention, if such

decision or findings, it is possible to get in that State. The central authorities

the States parties assist the applicant within the limits of the possibilities to obtain such

decision or findings.



Article 16



After receipt of the notice of the unlawful removal or retention of the child

According to article 3, the judicial or administrative authorities of the Contracting State in which the

the child was removed or in which it was seized, they cannot factually

make decisions about the right to custody of the child until it is decided that the child does not have

be returned under this Convention or unless an application under this

the Convention within a reasonable time after receipt of the notification.



Article 17



The mere fact that it was given in the requested State decisions on

to child care or meets the conditions for recognition, not a reason to

refusal to return a child under this Convention, but the judicial or administrative

authorities of the requested State may, in applying this Convention to take into account the

the reasons for this decision.



Article 18



Provisions of this chapter do not limit the jurisdiction of the judicial or administrative

authority to order the return of the child at any time.



Article 19



A decision on the return of the child issued pursuant to this Convention shall not affect the

substantive editing rights of custody.



Article 20



The return of the child pursuant to the provisions of article 12 may be refused, if it

were the fundamental principles of the requested State for the protection of human rights and

fundamental freedoms.



CHAPTER IV



THE RIGHT TO CONTACT WITH THE CHILD



Article 21



The proposal for an adjustment or ensure the effective exercise of rights of

the child may be given to the central authorities of the Contracting States in the same

way as a proposal for the return of the child.



The central authorities are required to cooperate, as provided for in article

7, to ensure the peaceful exercise of rights of the child and to comply with the

any conditions which may be laid down for the exercise of this right.

The central authorities shall take appropriate measures, within the limits of the options have been removed

all obstacles to the exercise of this right.



The central authorities, either directly or through an intermediary may initiate or

to assist in the initiation of proceedings or the protection of the rights and

ensure the observance of the conditions which may be for the exercise of this right

established.



CHAPTER V



GENERAL PROVISIONS



Article 22



No guarantee or advance, whatever it is called, will not be required to

ensuring the payment of costs and expenses in judicial or administrative proceedings

belonging to the scope of this Convention.



Article 23



In connection with this Convention cannot require authentication or similar

formality.



Article 24



Any proposal, communication or other document sent to the central authority

the requested State shall be in the original language and must be connected to it

a translation into the official language or one of the official languages of the requested

State or, where the acquisition of this translation is difficult, a translation into the

French or English.



For each proposal, communication or other document sent to the Central

authority of a Contracting State may, subject to the provisions under article 42 to disagree with

the use of French or English, but not both.



Article 25



Citizens of the Contracting States and persons who have their habitual residence in the

States will have in the implementation of this Convention, the right to legal aid and

advice in any Contracting State under the same conditions as if they

be citizens of this State, and had in it usual place of residence.



Article 26



Each central authority shall bear its own costs in the implementation of this

of the Convention.



Central authorities and other public services of the Contracting States shall not impose any

fees with regard to the proposals after-given under this Convention. In particular, they may not

request any payment from the applicant for the costs of the proceedings, or, where appropriate,

the charges resulting from the participation of legal counsel or advisers. Can

However, require payment of the expenses incurred or arising from

ensuring the return of the child.



A Contracting State may, however, subject to the provisions referred to in article 42, declare that it will not be

to pay the expenditure referred to in the preceding paragraph arising from the participation of the legal

representative or advisor or as costs in addition to costs, that is

can be made according to its own rules on the provision of legal aid and the

advice.



The judicial or administrative authorities which issue the return decision

the child or adjusting of rights under this Convention, it may, if

appropriate, save the person who has transferred or retained the child, or that

prevented the exercise of rights with him, to pay necessary expenses

incurred by or on behalf of the claimant, in particular travel expenses, costs of

legal representation of the applicant and the costs associated with the return of the child,

as well as all costs associated with the search for the child.



Article 27



It is clear that the conditions laid down by the Convention are not fulfilled, or

the proposal is otherwise unreasonable, the central authority may not accept the proposal. In

this case, the central authority must immediately inform the applicant

Depending on the nature of the case or the authority through which the application has been made to

its reasons.



Article 28



The central authority may request that the draft was accompanied by a written

the mandate authorises him to act on behalf of the petitioner or to determine

representative to so act.



Article 29



This Convention shall not preclude any person, institution or body who claims that

There has been a breach of rights of custody or contact with him within the meaning of article 3 of the

32, or directly to the judicial or administrative authorities of the

Contracting State, in accordance with the provisions of this Convention or, regardless of the

them.



Article 30



Any proposal submitted to the central authority or directly to the judicial or

administrative authorities of a Contracting State in accordance with this Convention, as well as

documents and any other information attached to it or provided

the central authority, the courts or administrative authorities of the Contracting States shall take.



Article 31



In relation to a State which in matters of custody of children has two or more

legal arrangements applicable in different territorial units:



and) any reference to habitual residence in that State shall apply to the

habitual residence in a territorial unit of that State;



(b) any appeal to the right) of the State of habitual residence shall apply to the

the law of the territorial unit in which the child is habitually resident.



Article 32



In relation to a State which in matters of custody of children has two or more

the legal arrangements applicable to different categories of persons, any appeal

the law of this State applies to the legislation intended the law of that

State.



Article 33



A State within which different territorial units have their own legislation in the

matters of child care, will not be obliged to apply this Convention, if the State

that has a single legal system, would not be required to use it.



Article 34



In matters governed by this Convention has priority over the Convention of 5.

October 1961 concerning the powers of, and applicable law in matters relating to the

protection of minors, if the States parties to both conventions. Otherwise, this

the Convention does not preclude the use of other international arrangements

apply between the State of origin and the State addressed, or other legal

Regulation of the State of the requested to achieve the return of the child, which was

wrongfully removed or retained or of ensuring the rights of

the child.



Article 35



This Convention shall apply between the Contracting States only in cases

wrongful removal or retention, which occurred after the date in the following

States came into force.



If the statement was made in accordance with article 39 or 40, the mention in the

the preceding paragraph about the Contracting State shall apply to the territorial unit

or in respect of which this Convention is in use.



Article 36



Nothing in this Convention shall prevent two or more Contracting States to

to reduce the constraints to which it is subject to the child's return, agree to

do not use each other any provisions of this Convention, which may

such limitations lead.



CHAPTER VI



FINAL PROVISIONS



Article 37



The Convention will be open for signature by the States which were members of the Hague

Conference on private international law at the time of the fourteenth

meeting.




Shall be ratified, accepted or approved and the instruments of ratification

acceptance or approval shall be deposited at 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 shall be deposited at the Ministry of Foreign Affairs

Kingdom of the Netherlands.



Convention enters into force for the acceding State on the first day of the third

calendar month after the deposit of its instrument of accession.



Approach is effective only in the relations between the acceding State and Contracting

States, which declares that he agrees with the approach. This declaration must

be done by any Member State ratifying, the receiving

or approving the Convention when it is accessed. This Declaration will be saved

at the Ministry of Foreign Affairs of the Kingdom of the Netherlands, which will send the

through diplomatic channels a certified copy thereof to each Contracting State.



Convention enters into force between the acceding State and the State which

He said that adopting this approach, the first day of the third calendar

months after the Declaration of this adoption.



Article 39



Any State may, when signing, ratifying, accepting, approving or

access to declare that the Convention shall apply to all the territories of the

an international perspective stands, or to one or more of them. This

the Declaration will become effective as soon as the Convention for that State will take

the validity of.



This statement, as well as any subsequent extensions will be

notified to the Ministry of Foreign Affairs of the Netherlands.



Article 40



If a Contracting State has two or more territorial units in which different

legislation on matters which the Convention, when signing,

ratification, acceptance, approval or accession declare that this Convention shall

will apply to all its territorial units or only to one or

more of them, and may at any time, a new statement this privacy statement change.



This declaration shall be notified to the Ministry of Foreign Affairs

Kingdom of the Netherlands and shall expressly provide for the territorial units to which the

the Convention used.



Article 41



If a Contracting State has a system of Government in which the Executive, judicial and

legislative power is divided between Central and other authorities of the

the State, its signature or ratification, acceptance or approval of the Convention or

access to it or made a declaration under article 40 shall not be

no touch the internal division of powers in this State.



Article 42



Any State may, at the latest upon ratification, acceptance, approval or

access or when a declaration under article 39 or 40, make one

or both of the reservations provided for in article 24 and article 26, paragraph 2. 3. no

additional retention is not permitted.



Any State may at any time withdraw a reservation which it has made. This appeal

will be notified to the Ministry of Foreign Affairs of the Netherlands.



The reservation will be cancelled on the first day of the third calendar month after

the notification referred to in the preceding paragraph.



Article 43



Convention enters into force on the first day of the third calendar month after

Save the third instrument of ratification, acceptance, approval or

the access referred to in articles 37 and 38.



After the Convention enters into force:



1. for each State which ratifies, accepts, approves or

Bulgaria, the first day of the third calendar month after the deposit of

its instrument of ratification, acceptance, approval of or access,



2. for any territory or territorial units to which the Convention was extended

in accordance with article 39 or 40, the first day of the third calendar month

After the notification referred to in those articles.



Article 44



The Convention will remain in force for five years from the date of its entry into force in

accordance with article 43 paragraph 1. 2 even for States that it later

have ratified, accepted or approved, or acceded to the Convention.



The Convention will be tacitly renewed always about five years if it is not terminated.



The denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands

the Kingdom of at least six months before the expiry of the five-year period. Can

be limited to a specific territory or territorial units to which the Convention

applies.



Notice of termination will be effective only for the State which has notified it. For the other Contracting

States, the Convention remains in force.



Article 45



Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the Member

States of the Conference and the States which have acceded in accordance with article 38:



1. signature and ratification, acceptance or approval referred to in article 38,



2. accession referred to in article 38,



3. the date on which the Convention enters into force in accordance with article 43,



4. the extension provided for in article 39,



5. the declarations referred to in articles 38 and 40,



6. the reservation in article 24 and article 26, paragraph 2. 3 and the appeal referred to in

Article 42,



7. termination of referred to in article 44.



In witness whereof the undersigned, duly authorised thereto, have signed this

the Convention.



Done at the Hague on 25. October 1980 in English and French,

both texts being equally authentic, in a single copy, which

be deposited in the archives of the Government of the Netherlands, and of which a certified

a copy will be sent through diplomatic channels to each Member State of the Hague

Conference on private international law at the time of the fourteenth

meeting.