Appendix 1

Convention on jurisdiction, law enforcement, recognition, enforcement and cooperation in relation to parental responsibility and protection of children

Publication of the Law on the Hague Child Protection Convention

This shall be the subject of the law. 434 of 8. May 2006 on the Hague Child Protection Conventions with the amendment resulting from Article 4 of Law No 1. 325 of 11. April 2012.

§ 1. The provisions of the Hague Convention of 19. In October 1996 on jurisdiction, law enforcement, recognition, enforcement and cooperation in relation to parental responsibility and measures to protect children (Haagerchild protection convention) applies here in the country.

Paragraph 2. A Danish translation of the Convention has been included as an annex to the law.

Paragraph 3. The provisions of the Convention shall not apply to the extent to which specific rules are laid down in other legislation.

Paragraph 4. The provisions of the Convention shall not apply to the relationship between Denmark and the Faroe Islands, respectively, respectively, Denmark and Greenland respectively.

Paragraph 5. The Minister for Social Affairs and Home Affairs can decide that the law should apply entirely or partly to agreements amending the Convention.

Central authority

§ 2. The Social-and Interior Minister shall designate a central authority, cf. Article 29 of the Convention, and may lay down rules for its activities, including in consultation with the minister, to allow parts of its tasks to other authorities.

the courts ' handling of cases by the Convention ;

§ 3. The Court ' s decision on the transfer of powers pursuant to Articles 8 and 9 of the Convention shall be taken by the decision. The decision may be linked to the rules of the Chapter 37 of the Legal Agreement.

§ 4. Requests pursuant to Article 24 of the Convention relating to the recognition or non-recognition of a measure shall be submitted to the foal in the jurisdiction where the child is domiciled or has been domiciled at the latest. If the child has not, or has been domiciled in this country, the request shall be submitted to the foal in the jurisdiction of which the recognition or non-recognition is carried out in the case of the country of origin. If the reckons are not home in this country, the request shall be submitted to the foal in the jurisdiction of the person requesting recognition or non-recognition (requestor), has hadgeas or, if the requestor does not have home things in this country, in : Copenhagen.

§ 5. Requests pursuant to Article 26 of the Convention, that a measure is declared for exiles in this country, shall be submitted to the fodder in the courtship where the child is domiciled. If the child is not domiciled in this country, the request shall be submitted to the foal in the rule of law where enforcement of enforcement may be carried out.

Paragraph 2. If the phosphorus must not be dealt with in a responsible manner, without the requestor or the recon of assistance, the person may not be prone to the party to a lawyer in question. If the party does not comply with the terms of the section 325 of the rule of law, the person shall require the party to replace the treasury costs in connection with the order. Section 18 (a) on the international enforcement of custody decisions etc. (International child abductions) shall apply mutatis mutations.

§ 6. A request pursuant to section 4 or section 5 shall be written and shall be accompanied by a printout of the measure in respect of the request. The feed may require a certified translation in Danish of the transcript.

Paragraph 2. The foam order determines whether the request can be met. The decision may be linked to the rules of Chapter 53 of the Court of Justice of the Court of Justice.

§ § 7-14. (Udelades) 1)

The entry into force, etc.

§ 15. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 Two and three.

Paragraph 2. (Udelades)

Paragraph 3. The time for entry into force of the Act of Title 1 to 6, section 7, no. 4, section 8-11 shall be determined by the Social and Home Secretary.

§ 16. The law does not apply to Greenland and Faroe Islands.

Paragraph 2. The laws of the law in paragraphs 1 to 8, 13 and 14 may, in the case of the Faeroe Islands and Greenland, be in force in full or in part, in the case of the Faroe Islands and Greenland, with the deviations from which the special ferry or Greenland conditions are used.

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Law No 325 of 11. April 2012 (April 2012, that a judge and others can finish processing cases that have been initiated before the person is to resign due to age, certain changes to the rules on the treatment of cases of minor requirements, the exclusion of the signon's access to being available ; presence in domestic video consultations with children, etc.) shall include the following entry into force :

§ 6.

Paragraph 1. The law shall enter into force on 1. May 2012 [.... " ].

Strike, 2-6. (Udelades)

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Appendix 1

Convention on jurisdiction, law enforcement, recognition, enforcement and cooperation in relation to parental responsibility and protection of children

(Done at 19. October 1996)

States that have signed this Convention and which

find that there is a need to improve the protection of children in international situations,

in order to avoid conflict between their legal systems in the field of competence, law enforcement and the recognition and enforcement of measures to protect children,

reminding you of the importance of international cooperation in order to protect children,

confirms that the best interests of the child must be the overall consideration,

recognise that there is a need for a revision of the Convention of 5. October 1961 on the jurisdiction of the authorities and the legislative elections in matters relating to the protection of minors ;

want to lay down common rules for this purpose, taking into account the United Nations Convention of 20. November 1989 on the rights of the child,

has been agreed on the following provisions :

CHAPTER I

SCOPE OF THE CONVENTION

ARTICLE 1

1. This Convention is intended to :

a) to determine the competent authorities of the State to take measures to protect a child's person or fortune ;

b) to determine the law applicable to the competent authorities in the exercise of their competence ;

c) determination of the law to be applied to parent responsibility ;

d) ensure the recognition and enforcement of such protection measures in all Contracting Governments ;

(e) establish the cooperation between the authorities of the Contracting Governments which may be necessary to comply with this Convention's purpose.

2. In this Convention, the term ' parent responsibility ' shall include parental responsibility, or any corresponding regulatory authority which determines the rights, powers and obligations applicable to parents, guardians or other legal representatives ; in relation to the person or fortune of a child.

ARTICLE 2

This Convention shall apply to children at the time of their birth until they are 18 years of age.

ARTICLE 3

In particular, the measures referred to in Article 1 may concern :

a) the allocation, exercise, whole or partial disqualification of parental responsibility, as well as the delegation thereof ;

b) custody, including the right to care for the person ' s person and, in particular, the right to determine where the child is to live, and together, including the right to bring the child to a place other than its habituary habitat for a limited period of time ;

c) guardianship, concretor and similar legal institutes ;

d) the designation of a person or authority to take care of the child or fortune of the child and who is to represent or assist the child, and the determination of such persons or authorities ;

(e) the placing of the child in a foster family or in an institution or in a Kafala ; - nursing or similar care matters ;

(f) supervision of the public authority of a child who is cared for by any person holding the child in his care ;

g) management or the preservation of a child's fortune or disposal over.

ARTICLE 4

This Convention shall not apply to questions relating to :

a) the establishment or contesting of parents-child-forten;

b) Whereas decisions on adoption, adoption and adoption of adoptive measures, adoption or repeal of adopted conditions should be adopted ;

c) the child and last name of the child ;

d) the authority ;

(e) maintenance obligations ;

(f) family and heritage ;

g) social security ;

(h) public-legal measures of a general nature relating to education and health ;

i) measures taken as a result of punishable offences committed by children ;

j) decisions on the right to asylum and on immigration.

CHAPTER II

COMPETENCE

Article 5

The legal or administrative authorities of the Contracting Government having their habitual habitat shall have the competence to take measures to protect the child or the assets of the child.

2. If the child's habitual habitat is changed to another Contracting Government, jurisdiction shall apply, subject to Article 7, to the authorities of the State in which the child has a new habitual residence.

ARTICLE 6

1. for the refugee children and children who are internationally displaced as a result of unrest in their country, the authorities of the Contracting Government in whose territory these children find themselves as a result of the expulties referred to in Article 5 (5). 1, competence referred to.

Paragraph 1 shall also apply to children whose habituary habituary is not able to be determined.

Article 7

1. In the event of unlawful removal or detention of a child, the authorities of the Contracting Government where the child had habitual habitat immediately preceding the removal or detention, their competence until the child has been obtained ; habitat habitat in another state, and

a) either person, institution or other authority which has parental responsibility has made up with the removal or detention, or

b) the child has resisted in this other State for a period of at least one year after the person, institution or other authority having custody has received or should have been informed of the whereabouts of the child and no request for devotion of the child ; the child has continued during this period of treatment, and the child has fallen to its new surroundings.

2. The removal or detention of a child shall be considered illegal :

a) when it is contrary to an authority which is attributed to a person, institution or other authority, jointly or alone, in accordance with the law of the State in which the child had its habitual habitat immediately preceding the removal or holding, and

b) In fact, this parental responsibility was carried out, jointly, or alone, when the removal or detention occurred, or would have been exercised if the removal or detention had not been carried out.

The custody of the parental authority referred to in subparagraph (a) may, in particular, be granted by the law or be known to a judicial or administrative decision or an agreement valid in accordance with the law of the State concerned.

As long as they are in paragraph 3. The authorities of the Contracting Government retain jurisdiction in the Contracting Government to whom the child has been removed or held, only the emergency measures referred to in Article 11, which are necessary to protect the child ; Person or fortune.

ARTICLE 8

1. Exceptionally, the authority of a Contracting Government which has jurisdiction pursuant to Articles 5 or 6 if it considers that any authority of another Contracting Government in a specific case is better suited to assess the best interests of the child, either :

-WHAT? directly or with the assistance of the central authority in its own State, the other authority concerned shall ask the other authority to take over the competence to take the protective measures it considers necessary ; or

-WHAT? postpone the examination of the matter and invite the parties to make such a request to the authority of the other State concerned.

2. Contracting Governments to whose authorities may submit a request as referred to in paragraph 1. 1, is :

a) a state in which the child is a national ;

b) a state which the child has a fortune in ;

c) a State whose authorities have received a request for a divorce, legal separation or marriage to the parents of the child ;

d) a state that the child has a significant attachment to.

3. The authorities concerned may exchange views.

4. The authority which receives a request as referred to in paragraph 1. 1 may take over the competence of the authority which is competent in accordance with Articles 5 or 6 if it considers that this is for the best of the child.

Article 9

1. If the competent authority of a Contracting Government referred to in Article 8 (1) is taken, 2, find that in a specific case they are better suited to assess what is for the best of the child, they may either :

-WHAT? directly or with the assistance of the central authority of the State concerned to request the competent authority of the Contracting Government where the child has his habitual residence, to grant the competent authority to take the protective measures they have been taking ; consider necessary, or

-WHAT? invite the parties to lodge such a request to the competent authorities of the Contracting Government where the child has its habitual residence.

2. The authorities concerned may exchange views.

3. The authority to which the request is made can only exercise jurisdiction instead of the authority of the Contracting Government where the child has its habitual residence, provided that the latter authority accepts the request.

Article 10

Without prejudice to Articles 5 to 9, the authorities of a Contracting Government exercising their competence to decide on a request for a divorce, legal separation or marriage to the parents of a child who has his / her / her / her / her family shall be a competent authority to decide on a request for divorce, legal separation or marriage to the parents of a child. habitual habitat in another Contracting Government, provided that this is the home of the law of their own State, take measures to protect the person or fortune of the child concerned, if :

a) one of the parents at the time of the trial, had its habitual residence in that state, and one of the parents had parental responsibility towards the child, and

b) the competence of these authorities to take such measures is accepted by the parents, as well as any other person with parental responsibility towards the child, and this is for the best of the child.

The second paragraph of paragraph 1. 1 the competent authority to take measures to protect the child shall cease as soon as a final decision has been taken on the application for divorce, separation or annulment of the marriage, or the case is : ended for the second reason.

Article 11

1. In all emergency cases, the authorities of a Contracting Government whose territory the child is or has a fortune shall be competent to take all necessary protective measures.

2. Measures taken in accordance with paragraph 1. 1 in relation to a child having its habitual residence in a Contracting Government lapses as soon as the authorities which have competence pursuant to Articles 5 to 10 have taken the necessary measures.

3. Measures taken in accordance with paragraph 1. 1 in relation to a child having his habitual residence in a non-Contracting Government shall lapses in any Contracting Government as soon as the necessary measures taken by the authorities of another State are recognised in it ; Contracting Government concerned.

Article 12

Without prejudice to Article 7, the competent authorities of a Contracting Government in whose territory the child is or has a fortune shall be competent to take measures of a provisional nature to protect the child or the wealth of a territorial body, any action which confines itself to the State concerned, insofar as such measures are not irreconcilable with measures already taken by authorities competent in accordance with Articles 5 to 10.

2. Measures taken in accordance with paragraph 1. 1 in relation to a child having his habitual residence in a Contracting Government lapses as soon as the authorities competent under Articles 5 to 10 have taken a decision on the protective measures which may be required after : the conditions.

3. Measures taken in accordance with paragraph 1. 1 in relation to a child having its habitual residence in a non-Contracting State shall lapses in the Contracting Government in which they were taken as soon as the necessary measures taken by the authorities in another State shall be taken, are recognised in the Contracting Government concerned.

ARTICLE 13

1. The authorities of a Contracting Government which, in accordance with Articles 5 to 10, have the competence to take measures to protect a child's person or fortune shall refuse to exercise this competence if, at the time of the case, the matter was ; initiated, a request for similar measures to the authorities of another Contracting Government which had competence under Articles 5 to 10 at the time when the request was made, and that request is still being processed.

Paragraph 1 shall not apply if the competent authority to which the request for measures was originally submitted has renounced the competence.

ARTICLE 14

Measures taken in accordance with Articles 5 to 10 shall remain in force on the conditions laid down, even though the basis on which the competence was supported is no longer a consequence of changing circumstances, as long as the competent authorities are responsible ; after this Convention, has not changed, replaced or repealed the measures in question.

CHAPTER III

LEGAL OPTIONS

Article 15

The authorities of the Contracting Parties shall, in accordance with the provisions of Chapter II, apply the law of their own State in the exercise of their powers.

However, they may be required in exceptional circumstances to protect the child or fortune of the child, or to take account of the law of another state in which the case has a significant attachment.

3. If the child's habitual whereabouts are moved to another Contracting Government, the conditions for the implementation of the measures taken in the State where the child had previously habitual residence shall be subject to the law of this other State ; from the date of flight.

Article 16

1. Allocation or termination of parental responsibility as a consequence of the law without a judicial or administrative authority's intermediary is subject to the law of the State in which the child has its habitual residence.

2. Assignment or termination of parental responsibility by agreement or by unilateral action without a legal or administrative authority's intermediation shall be subject to the law of the State in which the child has its habitual habitat at the time of the agreement or the unilateral action will take effect.

3. Parental responsibility arising from the law of the State in which the child has its habitual residence continues to remain in the hands of a child's habitual residence to another state.

If a child's habitual habitat changes, the award of parental responsibility as a consequence of the law to a person who does not already have such parental responsibility shall be subject to the law of the State in which the child has a new habitual residence.

Article 17

The exercise of parental responsibility is subordination to the law of the state in which the child has its habitual residence. In the event of a change in the habitual habitat of the child, the exercise shall be subject to the law of the State in which the child has a new habitat residence.

Article 18

The parent responsibility referred to in Article 16 may be brought to an end or the conditions for the exercise thereof in the course of action taken following this Convention.

Article 19

1. The validity of a legal trade concluded between a third party and another person who would have been empowered to act as the legal representative of the child in accordance with the law of the State in which the rule of law was concluded cannot be disputed, and the law of the child, and the third party concerned shall not be liable solely for the reason that the other person was not empowered to act as the legal representative of the child, in accordance with the law to be appointed in accordance with the provisions of this Chapter, unless the third person concerned, knew or should have known that parental responsibility was subject to the latter law.

Paragraph 1 shall apply only where the legal trade was concluded between persons who were in the territory of the same State.

Article 20

The provisions of this Chapter shall also apply, even though the law designated by these provisions is the law of a non-Contracting Government.

Article 21

For the purposes of this Chapter, ' Act ` means the law applicable in a State other than that of the Member State concerned of the law applicable to law.

2. If the law to be applied in accordance with Article 16 is the law of a non-Contracting Government and the law of the law of that State designates the law of another non-Contracting Government, which will apply its law, the law must, however, be the law of the latter State ; used. If the other non-Contracting Government does not apply its own law, the law shall be used in accordance with Article 16.

Article 22

The use of the law appointed in accordance with the provisions of this Chapter may be refused only if this use would evidently argue against fundamental legal principles, taking account of the best interests of the child.

CHAPTER IV

RECOGNITION AND ENFORCEMENT

Article 23

1. The measures taken by the authorities of a Contracting Government shall be recognised as a consequence of the law in all other Contracting Governments.

2. Recognition may, however, be refused :

a) where the measure has been taken by an authority whose competence was not based on one of the provisions of Chapter II ;

b) where the measure, except in urgent cases, was taken in the context of a judicial or administrative treatment without the possibility of being consulted, contrary to basic procedural principles of the State which : the request shall be corrected ;

c) at the request of a person who makes the claim that the measure violates the parent ' s parental responsibility if the measure, except in urgent cases, was taken without the possibility of the person being consulted ;

d) where the recognition is evidently stripped of the basic rule of law in the State in which the request is addressed, taking account of the best interests of the child ;

(e) if the measure is incompatible with a subsequent measure taken in a non-Contracting Government where the child had its habitual residence, and this subsequent measure satisfies the conditions of being recognized by the State in which the request is made ; being corrected ;

(f) if the procedure laid down in Article 33 has not been followed.

ARTICLE 24

Without prejudice to Article 23 (1), 1, any justifiable person may ask the competent authorities of a Contracting Government to decide on the recognition or non-recognition of a measure taken in another Contracting Government. The procedure shall be determined in accordance with the law of the State in which the request is addressed.

ARTICLE 25

The authorities of the State in which the request is addressed are bound by the factual matters on which the authority of the State in which the measure has been taken supported its competence.

Article 26

1. In the case of any measures taken in a Contracting Government which are enforceable, require enforcement operations in another Contracting Government, they shall be declared enforceable or registered for the purposes of a legitimate party, in accordance with the request of a legitimate party. enforcement in this other state according to the procedure laid down in the law of this State.

2. The individual Contracting Governments must use a simple and rapid procedure when taking a position on the exigibility or registration of a measure.

3. Exibility or registration may only be refused for one of the reasons referred to in Article 23 (1). 2.

ARTICLE 27

Without prejudice to the verification necessary for the purposes of the above Articles, a measure shall not be reviewed in the light of the facts of the matter.

Article 28

Measures taken in a Contracting Government which have been declared in exile or have been registered for enforcement in another Contracting Government shall be enforced in this other State as if they were made by the competent authority ; in the State concerned. The completion shall be carried out in accordance with the law of the State in which the request is addressed, taking into account the best limits of this law.

CHAPTER V

COLLABORATION

ARTICLE 29

1. Each Contracting Government shall designate a central authority to carry out the duties assigned to such an authority by this Convention.

2. Federal States, States with more than one judicial system and states that have autonomous territorial units may appoint more than one central authority and indicate their territorial or personal competence. States which have appointed more than one central authority shall state the central authority which may be addressed to the competent central authority in the State concerned for the purpose of forwarding to the competent authority in question.

Article 30

1. The central authorities cooperate among themselves and facilitate cooperation between the competent authorities of their respective States in order to fulfil this Convention's purpose.

They are in the process of applying this Convention the measures that are appropriate to disseminate information on the rule of law and on the services available in their states concerning the protection of children.

Article 31

The competent authority of a Contracting Government shall take either directly or through public authorities or other bodies all necessary measures to :

a) to facilitate the inquiries and provide the assistance provided for in Articles 8 and 9 as well as in this chapter ;

b) in the case of mediation, mediation or equivalent funds, to promote amicable arrangements for the protection of a child's or fortune in situations covered by this Convention ;

c) at the request of a competent authority of another Contracting Government, to assist in the provision of a child, where a child is present when there are signs of the fact that the child is situated on the territory of the State concerned and needs to be protected.

ARTICLE 32

After a reasoned request from the central authority or any other competent authority of a Contracting Government to which the child has a significant attachment, the competent authority of the Contracting Government may, where the child has its habitual residence, and are either directly or through public authorities or other bodies :

a) provide a report on the situation of the child ;

b) ask the competent authority in its own State to consider the need for measures to protect the child or the assets of the child.

Article 33

1. If an authority competent to have jurisdiction pursuant to Articles 5 to 10 is intended to place the child of a foster family or in an institution or in a casing or similar care relationship, and this position or the care condition must be : where the competent authority is to be implemented in another Contracting Government, the competent authority shall submit the case to the central authority or any other competent authority of the latter State. It shall provide a report on the child with a justification for the intended position or the proposed care ratio.

2. The Member State in which the request is made may only be decided on a decision to take or care if the central authority or any other competent authority of the State to which the request is addressed has approved the application or care centre ; Taking care of the child's best interests.

Article 34

1. when a protective measure is envisaged, the competent authorities responsible for this Convention may request any authority of another Contracting Government which is in the hands of another Contracting Government which is relevant to the information of the competent authorities of the Member States, in the interests of the protection of the child to provide such information.

2. a Contracting Government may declare that requests are requested in accordance with paragraph 1. 1 may be forwarded to its authorities by means of its central authority.

Article 35

1. The competent authorities of a Contracting Government may ask the authorities of another Contracting Government to assist in the implementation of protective measures taken after this Convention, in particular measures to ensure it ; the actual exercise of cooperation and the right to maintain regular direct contact.

2. The authorities of a Contracting Government in which the child does not have its habitual residence may, at the request of one of the parents, domiciled in the State in question seeking or keeping together with the child, obtaining information or evidence ; and express an opinion on the suitability of the person concerned to have coconcierity and the conditions for the performance of coconcierism. An authority which, in accordance with Articles 5 to 10, shall have the competence to treat a request for cooperation shall, before taking its decision, taken into account and to take account of such information, evidence and statements.

3. An authority which, in accordance with Articles 5 to 10, has the competence to take a decision on cooperation, may defer the examination pending the outcome of the examination of a request pursuant to paragraph 1. 2, in particular if it processes a request for a change or cancellation of the consensual existence of the competent authority of the State in which the child had previously held its habitual residence.

4. This Article shall not preclude an authority which has jurisdiction under Articles 5 to 10 may take interim measures, pending the outcome of the examination of a request pursuant to paragraph 1. 2.

Article 36

If the child is at serious risk, the competent authorities of the Contracting Government where measures have been taken to protect the child or where such measures are under consideration if they are informed that the child's child is concerned. the place of residence has been changed to another State, or that the child is in another state, notify the authorities of this other State of the danger and of the measures taken or taken into consideration.

Article 37

An authority may not request or forwarding information in accordance with this chapter if it considers that it may jeopardises the child or the assets of the child or constitute a serious threat to the life or freedom of one of the child's family members.

Article 38

1. Without prejudice to the possibility of charging reasonable fees for assistance, the competent authorities and other public authorities of the Contracting Governments shall bear their own costs in the application of the provisions of this Chapter.

2. A Contracting Government may conclude agreements with one or more Contracting Governments on the distribution of expenditure.

Article 39

Any Contracting Government may conclude agreements with one or more Contracting Governments with a view to facilitating the application of this chapter in their relations between them. States that have concluded such an agreement shall send a copy thereof to the Depositary of this Convention.

CHAPTER WE

GENERAL PROVISIONS

Article 40

1. The competent authorities of the Contracting Government in which the child has its habitual habitual habitat or in the Contracting Government where a protective measure has been taken, may, at the request of the person responsible for parental responsibility, or which is entrusted to the country ; the protection of the child ' s person or fortune shall issue a certificate indicating in which capacity the person concerned has the right to act and the powers that have been granted to the person concerned.

2. The person concerned is presumed to possess the property and the powers specified in the certificate unless otherwise proved.

3. Each Contracting Government shall designate the competent authorities responsible for the discharge of the certificate.

ARTICLE 41

Personal data obtained or communicated pursuant to this Convention shall be used only for the purposes of which they are obtained or transmitted.

Article 42

The authorities receiving information shall ensure that they are treated as confidential in accordance with the law of the State concerned.

Article 43

All documents transmitted or issued after this Convention shall be exempt from legalisation or other similar formalities.

Article 44

Any Contracting Government may designate the authorities to which requests referred to in Articles 8, 9 and 33 are to be addressed.

Article 45

1. The Permanent Bureau in the Hague Conference on International Privagery shall be notified to the Permanent Bureau during the Hague Conference on the International Privado.

The second paragraph of Article 34 (2). The declaration shall be made to the depositary of this Convention.

ARTICLE 46

A Contracting Government with different legal systems or regulations relating to the protection of the child's person and fortune is not obliged to apply the rules of this Convention to conflicts consisting solely between these different legal systems ; or rule sets.

ARTICLE 47

In the case of a State in which two or more legal systems or rules relating to matters covered by this Convention apply in different territorial units,

1) shall mean a reference to the habitat residence of the State concerned as a reference to the habitat residence of a territorial unit ;

2) shall mean a reference to the fact that the child is situated in the State concerned, as a reference to the fact that it is situated in a territorial unit ;

3) means a reference to the belonging to the child in the State concerned, as a reference to the fact that the assets of the child are in a territorial unit ;

4) shall mean a reference to the State of which the child is a national, as a reference to the territorial unit within which the law of the State concerned designates, or, if there are no rules, to the territorial unit which the child has the nearest ; association with ;

5) shall mean a reference to the State whose authorities are processing a request for a divorce, legal separation or marriage to the parents of the child, as a reference to the territorial unit whose authorities are responsible for such a request ;

6) shall mean a reference to the state in which the child has a significant attachment to the territorial unit to which the child has such association ;

7) shall mean a reference to the State to which the child has been removed or where it is held, as a reference to the territorial unit to which the child has been removed or where it is held ;

8) means a reference to bodies or authorities of the State concerned, with the exception of central authorities, as a reference to the bodies or authorities authorized to act in the territorial unit concerned.

9) shall mean a reference to the law, the procedural rules or authority of the State in which a measure has been taken as a reference to the law, the procedural rules or authority of the territorial unit where the measure has been taken ;

10) shall mean a reference to the law, the procedural rules or authority of the State in which a request is addressed as a reference to the law, the procedural rules or the authority of the territorial unit in which recognition or enforcement is sought.

Article 48

In order to determine the law applicable in accordance with Chapter III, with regard to a State consisting of two or more territorial units, with each legal system or regulatory framework relating to matters covered by this Convention, the following rules shall apply :

a) Where, in the State concerned, the rules in force stipulate the law of the territorial unit to be applied, the law of the unit in question shall apply ;

b) where such rules do not exist, the law of the territorial unit designated in accordance with Article 47 shall apply.

ARTICLE 49

For the purpose of determining the law applicable in accordance with Chapter III as regards a state that is subject to this Convention by a Member State, two or more legal systems or rules applicable to different groups of : persons shall apply the following rules :

a) If, in the State in question, the rules in force which determine which of these legal systems shall be applied shall apply ;

b) where such rules do not exist, the legal system or the rule set for which the child has the nearest connection shall apply.

Article 50

This Convention shall be without prejudice to the application of the Convention of 25. In October 1980, on the civil-effects of international child abductions in the relationship between states that are parties to both conventions. However, there is no reason why the provisions of this Convention may be applied in order to obtain the return of a child that has been illegally removed or illegally detained, or in order to organise cooperation.

ARTICLE 51

In the relations between the Contracting Governments, this Convention shall replace the Convention of 5. In October 1961 on the jurisdiction of the authorities and the legislative elections in matters relating to the protection of minors and the Convention on guardianship for minors, signed in The Hague on 12. In June 1902, without prejudice to the recognition of measures taken pursuant to the Convention of 5. October 1961.

Article 52

1. This Convention shall be without prejudice to international instruments which have been signed by the Contracting Governments and which contain provisions relating to matters covered by this Convention, unless a declaration of the contrary has been made by the States which are not : are bound by the instrument in question.

2. This Convention shall not affect the possibility of contracting or other Contracting Governments to conclude contracts which, in the case of children having their habituary habitat in one of the States which have accedes to such agreements, shall include provisions relating to : issues covered by this Convention.

3. Agreements which may be concluded by one or more Contracting Governments relating to matters covered by this Convention shall apply without prejudice to the application of the provisions of this Convention in the relationship between the States and other Contracting Parties ; States.

Paragraph 1-3 shall also apply to uniform legislation, based on a particular association of regional or other species between the States concerned.

ARTICLE 53

This Convention shall apply only to measures taken in a State after the Convention has entered into force in relation to the State concerned.

2. The Convention shall apply to the recognition and enforcement of measures taken following its entry into force in the relationship between the State in which the measures have been taken and the State to which the request is addressed.

ARTICLE 54

1. Any notification to the central authority or any other authority of a Contracting Government shall be replaced by the original language and be accompanied by a translation into the official language or one of the official languages of the State concerned or, if not, is possible, of a translation into French or English.

However, a Contracting Government may, by taking a reservation in accordance with Article 60, oppose the use of either French or English, but not both languages.

ARTICLE 55

1. a Contracting Government may in accordance with Article 60 :

a) reserve the competence of its authorities to take measures to protect the assets of a child which is situated on its territory ;

b) reserves the right not to recognise a parent's responsibility or a measure which is incompatible with a measure taken by the authorities concerned with regard to the assets in question.

2. The relationship can be limited to specific form categories.

ARTICLE 56

The Secretary-General of the Hague Conference on International Private Rights regularly calls for a special committee to assess how this Convention works in practice.

CHAPTER VII

FINAL PROVISIONS

Article 57

1. The Convention is open to signing for the States that were members of the Hague Conference on International Privaging at the time of its 18. Collection.

It must be ratified, accepted or approved, and ratification, acceptance or approval must be deposited in the Kingdom of the Kingdom of the Netherlands, which is the Convention's Escrotary.

ARTICLE 58

1. Any other State may accede to the Convention after its entry into force in accordance with Article 61 (1). 1.

2. The instrument of accession shall be deposited with the Depositary.

3. The contiguous effect shall have sole effect in relation to the relationship between the acceding state and the Contracting Governments which have not objexpressed to this accession within six months of the receipt of the notification referred to in Article 63 (b). Such an objection may also be made by any State in the case of ratification, acceptance or approval of the Convention after accession. Such objections shall be communicated to the Depositary.

ARTICLE 59

1. A State consisting of two or more territorial units in which different legal systems apply to questions covered by this Convention may, by signature, ratification, acceptance, approval or accession ; declare that the Convention must apply to all its territorial units or only in one or more of them, and may at any time change such a declaration by placing a new one.

2. Such declarations shall be communicated to the Depositary, and shall expressly state in which territorial units the Convention shall apply.

If a State does not make a declaration pursuant to this Article, the Convention shall apply to all the territorial units of this State.

ARTICLE 60

1. Any State may, at the latest by ratification, acceptance, approval or accession, or by the declaration of a declaration in accordance with Article 59, take one of or both of the reservations referred to in Article 54 (1). Article 55 (2) and Article 55. There can be no other reservations.

2. any State may, at any time, revoke any previous reservations. The revocation must be communicated to the Depositary.

3. The relationship will cease having effect on the first day of the third calendar month after the date referred to in paragraph 1. 2 for notification.

ARTICLE 61

1. The Convention shall enter into force on the first day of the month following the expiry of a period of three months after the deposit of the third instrument of ratification, acceptance or approval, referred to in Article 57.

2. The Convention shall then enter into force :

a) in the case of any State which ratifies, accepts or approves it at a later date, the first day of the month following the expiry of a period of three months after the deposit of its instruments of ratification, acceptance, approval, or Accession instrument ;

b) for any acceding States on the first day of the month following the expiry of a period of three months after the expiry of the period referred to in Article 58 (1). 3, fixed period of six months ;

c) in the case of any territorial unit in which the Convention is applicable in accordance with Article 59, the first day of the month following the expiry of a period of three months after the notification referred to in that Article.

Article 62

1. Any State that is party to the Convention may terminate this by written notice to the Depositary. Such termination may be limited to certain territorial units to which the Convention applies.

2. The termination shall take effect from the first day of the month following the expiry of a period of 12 months after the depositary has received notification of it. If a longer term termination period is specified, the termination has been effective from the end of this period.

Article 63

The depositary shall inform the States that are members of the Hague Conference on International Privacy, and the States which have acceaned to this Convention in accordance with Article 58, shall :

a) any sign, ratification, acceptance and approval as referred to in Article 57 ;

b) any accession and objection to any accession referred to in Article 58 ;

c) the date of entry into force of the Convention under Article 61 ;

d) the provisions of Article 34 (1) ; The declarations referred to in Article 59 of this Article and

(e) the agreements referred to in Article 39 ;

(f) the provisions of Article 54 (1). The provisions of Article 55 referred to in Article 60 (2) and Article 55 shall be referred to in Article 55. 2 ;

g) any notice referred to in Article 62.

Confirmation of this has been signed by the signatory, signed by this Convention.

Done at The Hague on 19. In October 1996 in English and French, both texts being equally authentic, in one copy, to be deposited in the archives of the Netherlands Government, and a certified copy of which will be sent by diplomatic means to each of the States that are to be deposited ; were members of the Hague Conference on International Privado at the time of its 18. Collection.

1) The provisions relate to changes in other legislation.