Decree Amending The Decree On Custody, The Child's Place Of Residence And Togetherness, Etc.

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om forældremyndighed, barnets bopæl og samvær m.v.

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Decree amending the Decree on custody, the child's place of residence and togetherness, etc.

§ 1

In executive order No. 1071 of 6. September 2007 on custody, the child's place of residence and togetherness, etc. shall be amended as follows: 1. The introductory part shall be replaced by the following:

» Under section 42 and section 45, paragraph 3, of the law of responsibility of parents, law No. 499 of 6. June 2007, fixed: ' 2. paragraph 1 is replaced by the following: ' article 1. A request or notification of custody shall be submitted to the State administration at the place where the child resides, see. However, paragraphs 2 to 6.

(2). In the cases referred to in the code of civil procedure section 448 f (1). 2, or in article 7 of the Hague Convention of 19. October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children (Haagerbørnebeskyttelseskonventionen), submitted a request or notification of custody to the State administration at the place where the child was resident before the abduction or detention abroad.

(3). In the cases referred to in the code of civil procedure section 448 f (1). 3-5, or in article 6, 11 or 12 in Haagerbørnebeskyttelseskonventionen, submitted a request or notification of custody to the State administration at the place where the child is staying.

(4). Notification of an agreement on joint custody, see. § 9, over an unborn child shall be submitted to the State administration at the place where the mother resides or stays.

(5). Can a request or a notification of custody is submitted to a State management in accordance with paragraphs 1 to 4 shall be submitted to the State administration for the capital.

(6). If the parents so agree, can a request or notification of custody notwithstanding paragraphs 1 to 5 shall be submitted to a second civil service.

(7). The State administration, which, in paragraphs 1 to 5 shall deal with the case, may determine that the case be transferred to another State administration if it is most appropriate that the issue be dealt with there. ' 3. In accordance with paragraph 3 shall be inserted before the heading before section 4:

» Territorial jurisdiction in matters relating to a transfer of competences to section 3 (a). A request by a foreign authority concerning the transfer of competences in accordance Haagerbørnebeskyttelseskonventionens article 8 or 9 shall be submitted to the State administration, which deals with the matter to which the request relates, or as according to § § 1-3 must hear the case if the request is accepted, without prejudice. However, paragraph 2.

(2). Paragraph 1 shall not apply where the case to which the request relates, are brought before the Court. '

4. Under section 21 shall be added before the chapter 8:

» Chapter 7A

Certificate on custody section 21 (a). At the request of a custody can the State administration issue a certificate concerning the custody of a child who is resident in Denmark, when custody consequences of Danish law.

(2). Certificate shall be issued on an approved form.

section 21 (b). A request under section 21 (a) shall be submitted to the State administration at the place where the child resides. If the child is not residing in Denmark, submitted the request to the State administration for the capital.

(2). Notwithstanding the provisions of paragraph 1 shall be submitted the request to the State management, who last received a notification of an agreement on custody of the child, most recently has taken a decision on custody of the child or, at the latest, have approved an agreement on custody of the child.

(3). The State administration, which receives a request under paragraph 1-2, may provide that it shall be dealt with by another State administration if it is most appropriate that it be dealt with there.

section 21 (c). The State administration, which issued a certificate under section 21 (a), may revoke the certificate, if circumstances have changed, or if the content of the certificate is not correct. '

5. section 22 is replaced by the following: ' § 22. Family Agency investigates complaints from State Administration's decisions, which are governed by article 41, paragraph 1 or 3, Haagerbørnebeskyttelseskonventionens article 8 or 9 and paragraph 21 (a), paragraph 1, and section 21 (c). State administration of southern Denmark deals with appeals from decisions of authorities, institutions, etc. in accordance with article 23, paragraph 3, unless the decision has been taken by the health service.

(2). A complaint under paragraph 1 shall be submitted to the State administration, which has taken the decision. The State administration shall forward the complaint and the documents in the case to the Department of family affairs. '

section 2 of the notice shall enter into force on the 1. October 2011.

The Ministry of Justice, the 29. September 2011 Lars barfoed/Lars T