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.
