The Law On Child Custody And Visitation

Original Language Title: Laki lapsen huollosta ja tapaamisoikeudesta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1983/19830361

In accordance with the decision of Parliament: Chapter 1 General provisions article 1 the purpose of the child care to the child's maintenance is to ensure the balanced development of the child and the welfare of the child, in accordance with the individual needs and wishes. The service will be to ensure the positive and, in particular, the close relationships between the child and his or her parents.
Your child will need to secure good care and education, as well as in relation to the child's age and level of development of the necessary control and care. The child is to provide a safe and stimulating growth of the environment as well as the child's inclinations and wishes of the corresponding training.
Children will grow in such a way that the child will be met with understanding and affection. Children will not be subject to the discipline not to physically in any other way offensive. The child's independence, as well as the growing responsibility and adulthood shall be to support and encourage.

section 2 rights of access rights of access for the purpose of securing the right of the child to keep in touch and meet his or her parents, with whom the child does not live.
The child's parents should, above all, mutual understanding and with a view to the best interests of the child, to the fact that the purpose of the exercise of rights of access is implemented in accordance with the principles set out in article 1.

section 3 of the child's guardians of the child's custody are his parents or persons to whom the service is entrusted with the child.
Parental responsibility ends when the child reaches eighteen years or so before going to the marriage.

Article 4 of the parent or guardian of the child's parent or guardian must be guaranteed to the child's development tasks, and welfare, as provided for in article 1. To this end, the person having custody shall have the right to determine the child's place of residence on the care, upbringing, as well as other personal matters.
Before the custodian makes a personal decision of the child in case he should discuss the matter with the child, if the child's age and level of development of it and the quality is possible. When the decision for her is to pay attention to the child's opinion and wishes.
A guardian to represent the child in matters relating to this person, unless otherwise provided by law.

section 5 of the Guardians of the child's parents are jointly responsible for the child's maintenance of the cooperation tasks and make decisions together with the children, unless otherwise specified.
If someone huoltajista does not trip, illness or for any other reason unable to take part in the decision on the adoption of the child, and the delay would cause harm, not his consent it is not necessary. The issue, which is of significant importance for the future of the child, however, can only be decided together, unless the parents, the child's best interests seem to change.
Chapter 2, section 6 of the Guardians and custodians of the rights on the basis of the child's parents, the birth of a child that the child's birth are married to each other, are both child custody. The birth of the child if the parents are not married to each other, is the mother of their child to the custodial parent.
If one parent has sole custody of the children and the parents will go with each other in the marriage, both of his children huoltajiksi.

Article 7 of the agreement of the parents of the child custody and right of access parents can agree on, 1) that the child's maintenance is believed to both parents jointly;
the child must live in the other 2) parents, if the parents do not live together;
3) that the child's maintenance is believed to be alone in the other parent;
4) that the child has a right to parents by agreeing on a way to keep in touch and meet with his or her parents, with whom the child does not live.

section 8 (21.12.2004/1155) the strengthening of the Agreement the agreement on child custody and right of access must be made in writing and must be submitted for verification of the sosiaalilautakunnalle, where the child is habitually resident.
If the child is not habitually resident in Finland, the agreement must be submitted for verification of the sosiaalilautakunnalle, where the child is in the last place of residence, or, if the child had not been sosiaalilautakunnalle, the municipality of residence in Finland, where the child's parents, or one of the parents is a resident. If any of the above, the Social Welfare Board does not have jurisdiction, the agreement must be submitted for endorsement by the city of Helsinki sosiaalilautakunnalle.
Social Affairs Committee is considering whether the agreement, to take account of the best interests of the child and the child's own wishes as laid down in articles 10 and 11. The agreement must be submitted to be confirmed, if neither of the child's parent does not have custody of the child.
The agreement, which has been confirmed by Social Welfare Board, is valid and may be enforced as a final decision issued by a court.

section 8 (a) (13.1.2015/14) the agreement on the exercise of parental responsibility before the birth of the child if the man has acknowledged paternity before the child is born isyytensä (11/15) within the meaning of section 16 of the Act, the man and the mother of the child can be generated in the same context, to the fact that the child's maintenance is believed to both parents jointly.
The recognition received by the public health nurse or midwife must prove, by means of his signature in the signatures of the parents, and then send this form to the paternity law section 16 (5) for the purposes of establishing the lastenvalvojalle referred to in the agreement. Social Welfare Board is unable to confirm the agreement before the man's paternity has been established.
L:lla 14/15 added to the 8 (a) the section shall enter into force on the 1.1.2016.

Article 9 of the decision of the Court of Justice of child custody and visitation rights, the Court may decide that a child's service, 1) is believed to have both parents jointly;
the child must live in the other 2) parents, if the parents do not live together;
3) that the child's maintenance is believed to be alone in the other parent;
4 in addition to the child's maintenance is believed to be parents) or in place of one or more of the person who has given his or her consent, or
5) that the child has the right to keep in touch and meet with his or her parents, with whom the child does not live.
If the parents or one of them are child custody, can the Court believe the child's care, in accordance with the first subparagraph of paragraph 4, the parents instead of one or more persons, unless there are compelling reasons for the child.
The Court may, where necessary, lay down the tasks, rights and obligations of a guardian and, if the child is two or more, of the Division of tasks among the guardians, the guardians decide to. Visitation rights when deciding on the Court of Justice should provide more detailed provisions on the appointment, and luonapidon.
The Court is considering the issue of child custody and visitation to take into account the best interests of the child and the child's own wishes as laid down in articles 10 and 11.

section 10 of the custody and visitation of the child custody and visitation issue needs to be resolved, above all, in accordance with the best interests of the child. To this end, it is, in particular, to pay attention to how the rights of access to the service, and the best will be realized in the future.
The issue of child care to the other parent, or both parents or for guarding the rights of access, must be resolved in a manner agreed by the parents, if the parents or one of them are child custody and there is no reason to believe that this solution would be contrary to the best interests of the child.

How to determine the wishes of the child and article 11 of the opinion on the issue of child custody and rights of access have to be clarified in the child's own wishes and opinion, in so far as it is in relation to the child's age and level of development of possible, if the parents are not unanimous, if the child is treated, or if a person other than the guardian of this in terms of the best interests of the child would otherwise be considered appropriate.
The child's opinion must be resolved discreetly and, taking into account the stage of development of the child, as well as in such a way that this does not result in harm to the relations between the child and his or her parents.

Article 12 of the agreement adopted by the Social Affairs Committee of the agreement and of the modification of the decision or the decision of the Court of the child's custody or visitation may be changed, if the conditions are established after the adoption of the instrument or decision to be changed or if otherwise warranted.
Chapter 3 the section 13 (13 March 2009/155) the Court provided by the Court of Justice on the issue of child custody and rights of access provided for in Chapter 10 of the code of judicial procedure.

section 14 of the access to justice and the power of child custody or access is initiated by application, which can make the parents of the child together, one of the parents, custody of the child or the Social Welfare Board.
If the death of the parent or guardian of the child has been deprived of a parent or guardian, a relative of the child or may be application to do the rest of the child of a close person.
Child custody or visitation of the child in the context of the amount of the claim may be presented to the fixing of maintenance or child support.

Article 15 of the parent and the parent or guardian, as well as hearing the child custody or visitation cases it is for the Court to set aside the child's parents and the guardian have the opportunity to be heard, if the call can be given to them for information.
Children can be heard in person before a court for serious reasons, if this is necessary for the resolution of the matter. The consultation may take place only if the child this agrees and it is obvious that the hearing may not cause the child any harm.

section 16 of the report on the acquisition sosiaalilautakunnalta


On the issue of child custody or visitation is Court to obtain a statement of the child of the sosiaalilautakunnalta, where the person having custody of the child, parents, and parental responsibility is habitually resident in the set out. If such a person does not have residence in Finland, the statement must obtain it from the sosiaalilautakunnalta, where the person is staying. An explanation, however, is not to obtain, if it is obvious, that it is not necessary for the resolution of the. (4.3.1994/186)
At the time the Declaration of release, if it turns out that the parents ' agreement, as provided for by article 7 of the Social Affairs Committee of the parents must be given the necessary assistance to enable the conclusion of the agreement.
In the report, and also in the relevant proceedings, shall not disclose confidential information on the status and rights of the customer as to the law on social welfare (812/2000), article 18, article 19 and article 27, paragraph 2 to 4. (22 September 2000/818), the provisions of section 17 of The child in the temporary custody or visitation case is pending before the Court, the temporary order to the Court as to who by the child's will to live and the right of access, as well as the terms of appointment or luonapidon. If there is a specific reason, the Court may order to whom custody is believed to be, until a final decision is taken.
The temporary order of the Court shall not be subject to appeal.
The temporary order is in effect until the Court of Justice for decision, unless the decision once before that are withdrawn or changed.
3. (a) the figure (11.4.2014/315) in the service of the Court of conciliation and dispute settlement article 17 (a) rights of access (11.4.2014/315), the application of the laws of the Court mediation of child custody and visitation disputes shall apply to the Court of arbitration of the divisive-strengthening the mediation and reconciliation in General Courts Act (395/2011).

Article 17 (b) (11.4.2014/315) of the professional services organisation in the territory of which the Administrative Office of the District Court is located, will see to it that there is a sufficient number of available district court litigation, mediation and reconciliation, fixing the General Courts Act referred to in section 5 of the expert contributors for child custody and visitation conflicts. In a bilingual area of jurisdiction of the District Court of law is to ensure that there is an expert services, as well as Finnish and Swedish language. The organisation is responsible for the professional services ' sections (710/1982) section 6 of the institution responsible for the social assistance as referred to in sub-section 1.

section 17 c (11.4.2014/315) the qualifications of the expert of the Expert Assistant-Assistant will be in the field of Social Affairs and health, the Agency for the authorisation and supervision of health professionals (559/1994) issued in accordance with the right to exercise the profession of psychologist or child psychiatrist licensed professional or social care professional qualifications required for the personnel Act (272/2005) in accordance with article 3 or a social worker or other appropriate degree. In addition, an Expert Assistant will be required to complete a task in the management of, and extra training, as well as the experience of working with eroperheiden.

17 (d) of section (11.4.2014/315) the replacement of the State professional services professional services organization of the person responsible for the use of an Expert Assistant to the compensation Court of conciliation service for resolving disputes. Deferred compensation is paid to assist the conciliation hearing and päiväkohtaisena as compensation for the fees per hour compensation for sitting outside of the measures to be taken. If the mediation will take place in the order of the District Court of the location of the administrative or specialist individually agreed-Assistant to the main working outside, the place of arbitration shall be replaced by the damage caused by travel and accommodation costs, as well as the expert to be paid a per diem. The provisions of the regulation of the Council of State will be given more detailed day-and tuntiperusteisen the amount of compensation, the compensation shall be paid, as well as measures regarding the costs of tuntiperusteinen.
Chapter 4 the provisions of private international law under article 18 (4.3.1994/186) (12 June 2009/436) a child under the law or the intent of the service directly to the child's care immediately to the end of the law, or to the determination and the will of the freedom of expression under the law of the State, which shall be applicable to the jurisdiction, applicable law, recognition and enforcement of the measures, as well as cooperation in respect of parental responsibility and measures for the protection of children in matters relating to the Hague Convention of 19 October 1996 on 16, 19 and 21.

18 (a) section (12 June 2009/436) Guardian duties to perform the duties of a guardian of the law applicable shall be the law of the country where the child is habitually resident. If the habitual residence of the child moves to another country, the law of the State.

section 19 (4.3.1994/186) on the basis of the competence of the Court of Justice of Finland to the habitual residence of the child can look into the issue of child custody or visitation, if the child is habitually resident in Finland when the proceedings were instituted.
Social Welfare Board may confirm an agreement on child custody or visitation, if the child is habitually resident.
The child, who has lived in Finland for a continuous period of at least a year immediately before the date of the entry into, residence shall be considered to be here, where a case does not change.
The Finnish authority may examine the child custody and visitation of the child habitually resident in Finland, such as if the child is staying in Finland, and he is in his own country because of the disorder without a place of residence or at his place of residence is not in a position to find out. (12 June 2009/436) section 20 (4.3.1994/186) in other cases, the Court may examine the Finnish child custody or visitation of the child, although it does not have residence in Finland when the proceedings were instituted, if the child is residing in Finland or for this matter to be investigated for any other reason can be considered as appropriate and: 1) the child has during the year preceding the commencement of the action had a place of residence in Finland; or 2) the child has all the relevant factors, taking into account the other closely connected to Finland.
The Finnish court may, in the context of the study on the dissolution of marriage the spouses child custody or visitation of the child does not pursue the matter when, even if no place of residence in Finland, if: 1) at least one of the parents has custody of the child and at least one of the child's parent is the case brought by entry into the residence in Finland;
2. Since the initiation of the guardians are accepted) case in Finland; and 3) exercise of the residual powers of the case is in the best interests of the child.
(12 June 2009/436) section 21 (4.3.1994/186) the jurisdiction to issue a provisional order, the Court may issue a temporary of Finland as to who by the child will reside, visitation or child custody, in order to safeguard the best interests of the child be considered if this is appropriate, even if the Court does not have jurisdiction in Finland to investigate the matter.
The temporary order is, mutatis mutandis, to article 17 in force.

section 22 (12 June 2009/436) Custody and visiting rights when deciding on the law applicable to the child custody and visitation when the dispute and are governed by Finnish law. If there is a close connection with a foreign State, the law of that State may, however, exceptionally, to take into account the best interests of the child, if it requires.

section 23 (4.3.1994/186) on the recognition and enforcement of judgments in a foreign State child custody or visitation at the request of the decision shall be recognised and enforced in Finland implemented as below.
In a foreign State by means of a court or other authority decision on the strengthening of the Treaty, or provisional order, and if the said measure acknowledges the decision of the societies in the State where the operation is carried out.
Without the contribution of the authority was the subject of an agreement or of child custody or visitation can be recognised and enforced in Finland, as in a foreign State, in respect of the decision, if said the measure was a legally valid and enforceable in the State in which the child was habitually resident.

section 24 (4.3.1994/186), the recognition and enforcement of decisions of the Nordic countries, the decision, which was issued in Iceland, Norway, Sweden or Denmark, that date shall be recognised and enforced in Finland implemented without further confirmation.
The decision, in the case referred to in subparagraph (1) of the State, cannot be under the provisions of this chapter on the implementation of the right to refuse to leave the non-recognition and, if the decision is to be recognised or enforced on.

section 25 (22.5.2015/662) in a decision on the recognition and enforcement in a foreign State, a decision that has been issued under section 24 of the said other than the one in a foreign State shall be recognised in Finland, without confirmation. However, the Helsinki District Court on application by the recognition that the decision to establish, in Finland.
The decision, which according to paragraph 1 shall be recognised in Finland and can be implemented in the Member State in which the judgment has been entered (the State), can be implemented in Finland, where, on application by the Helsinki District Court has confirmed that the decision is enforceable here.

When in a foreign State, the Court confirms that the visitation of the decision can be enforced in Finland, it can at the same time, amend or clarify the terms of appointment or luonapidon referred to in the decision, as it takes the point of view of the best interests of the child.
L:lla 662/2015 changed section 25 shall enter into force on the 1.1.2016. The previous wording: article 25 (4.3.1994/186) in a decision on the recognition and enforcement in a foreign State, a decision that has been issued under section 24 of the said other than the one in a foreign State shall be recognised in Finland, without confirmation. The Helsinki Court of appeal may, however, request to confirm that the decision is recognised in Finland.
The decision, which according to paragraph 1 shall be recognised in Finland and can be implemented in the Member State in which the judgment has been entered (the State), can be implemented in Finland, the Helsinki Court of appeal, if the application is confirmed, that the decision is enforceable here.
When the Court of Appeal confirmed that decision in a foreign State, the right of access can be implemented in Finland, the Court may at the same time, to change or specify the terms of appointment or luonapidon referred to in the decision, as it takes the point of view of the best interests of the child.

Article 26 (22.5.2015/) has been moved to strengthen the implementation of the decision of the child's luvattomuuden District Court of Helsinki, may on application to confirm that the decision of the child's removal or retention of a child is implying, is found here, if: 1) of a State which is a member of the Council of Europe States in Luxembourg on 20 May 1980 on recognition and enforcement of decisions concerning custody of children and on the restoration carried out by the Convention, as well as a children's service (the agreement of the Council of Europe); and 2) then, when the child was taken to the international border, was not a State party to the agreement on the European Council decision, which could be the basis for the implementation of the.
Article 26 of the amended L:lla 662/2015 shall enter into force on the 1.1.2016. The previous wording: article 26 (4.3.1994/186) has been moved to strengthen the implementation of the decision of the child's luvattomuuden the Helsinki Court of appeal may, on application to confirm that the decision of the child's removal or retention of a child is implying, is found here, if: 1) of a State which is a member of the Council of Europe States in Luxembourg on 20 May 1980 on recognition and enforcement of decisions concerning custody of children and on the restoration carried out by the Convention, as well as a children's service (the agreement of the Council of Europe); and 2) then, when the child was taken to the international border, was not a State party to the agreement on the European Council decision, which could be the basis for the implementation of the.

section 27 (4.3.1994/186) in a foreign State and the recognition and enforcement of a decision may be given to the reasons for their refusal to leave the non-recognition and enforcement may be refused if: 1) the recognition or enforcement of the decision would lead to a result that would be obviously contrary to the Finnish legal order the fundamental principles of the family and children;
2), it is apparent that the recognition or enforcement of the decision is a result of a change in the circumstances, no longer reflect the best interests of the child;
3) when the decision led to the initiation of the procedure in the State, the child was a Finnish citizen or has his habitual residence in Finland and he had this kind of contact with the State, or the child was, as well as the State that a Finnish citizen and his place of residence in Finland; or 4) decision is incompatible with a decision or an enforceable in Finland, in Finland, in accordance with decision with a third State, which led to the procedure is started before the recognition or enforcement of the refusal of the application has been applied for, and is in the best interests of the child.
If the decision has been taken in a foreign State which is not a party to the agreement of the Council of Europe, the non-recognition and enforcement may be refused if the decision authority is 19 and in accordance with the criteria laid down in article 20, would have had jurisdiction to examine the case and the child is habitually resident in Finland or if the decision is not as a result be recognized instead of enforcing it in a foreign State in which the child is habitually resident.

section 28 (4.3.1994/186) in the absence of effect on the recognition and enforcement of the opposing party if the other party does not attend the issue, the decision can be recognised or enforced in Finland only if: 1) a writ of summons or invitation, which contains the crucial content of the notification, it is of the opposite party served properly and in good time, so that he would have had time to respond to the fact; and 2) the issuing authority is based on the place of residence of the counterparty of the last common place of residence, parents, if at least one of the habitual residence of the child's place of residence, or the still was there.
And the recognition and enforcement of a decision does not, however, prevent it, that it has not been submitted in accordance with paragraph 1 of the way, if this is due to the fact that the other party has concealed in the event of the other party.

section 29 (4.3.1994/186) the recognition or enforcement of the implementation of the moratorium on the issue of the recognition of a decision on the matter can be deferred or, if: 1) appeal to ordinary forms of review; or 2) child custody or visitation in Finland on the issue will be discussed at the trial, which has been brought before the Court of State responsible for the procedure; or 3) child custody or visitation to the implementation of the decision on the procedure for the recognition of the other, or is pending.

29 (a) section (12 June 2009/436), the subsidiarity What 19-21 and 23-29 provides, subject only to the jurisdiction of the Court, unless the jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of Regulation (EC) No 1782/2003 1347/2000 repealing Council Regulation (EC) No 1782/2003 2201/2003, hereinafter referred to as the Brussels IIa regulation, subject to agreement by the State of Finland, or binding.

section 29 (b) Finland (12 June 2009/436) non-compliance with the criteria of the legal system and the reference to the law of a foreign State, a provision of the laws of the foreign State that should be applied in accordance with the provisions of this chapter, must be disregarded if its application would result in the best interests of the child, taking into account the outcome of the policy against Finland, apparently.
Subject to the provisions of this chapter, a reference to the provisions of this chapter, the law of a foreign State is not covered by the relevant provisions of international law relating to conflicts of a foreign State.
Chapter 5 (4.3.1994/186) the return of the child pursuant to section 30 of the Hague Agreement (4.3.1994/186) of the return of the child in Finland, the child who has tampered with the exported out of the country in which the child was habitually resident in, or been tampered with before the return, if the child is determined as soon as immediately before the wrongful removal or retention was habitually resident in the State, which is in the Hague on 25 October 1980 on the civil aspects of international child abduction (the Hague Convention).

section 31 (4.3.1994/186) in a Court of competent jurisdiction of the order return of the child to provide, on application by the Helsinki Court of appeal.

32 section (4.3.1994/186) the Unauthorized removal and retention of a child's removal or retention where: 1) it is in breach of rights of custody, which belong to a person, institution or other body, either alone or in combination, according to the law of the State in which the child immediately before the removal or retention was habitually resident; and 2) these rights was actually used for restoration at the time of removal or retention, either alone or in conjunction with, or would be used, if the removal or retention of a child, would not have happened.
The child's removal or retention of a child is not considered to be inappropriate, if the holder of the rights referred to in paragraph 1 of the procedure for their consent, or is it a given, either expressly or tacitly accepted.

33 section (4.3.1994/186) concerning the rights of the child for the purposes of this chapter, the maintenance of the rights relating to the rights and obligations to take care of the child's person, in particular the right to determine the child's place of residence.

34 section (4.3.1994/186) in order for their refusal to return the application for the return of the child may be rejected if: 1) the application is made after a year has passed since the child's wrongful and the return of the child would be contrary to the best interests of the child;
2) there is a serious risk that return would expose the child to physical or psychological harm or otherwise place intolerable conditions; or 3) if the Court finds the child who has reached the age of maturity, the child's opinion and it is appropriate to draw attention to, opposing the return.
The return of the child shall not be imposed when he is 16 years of age.

Where the child habitually resident immediately before the wrongful removal or retention was the Brussels IIa regulation in the Member State referred to in article 2 (3), an application for the return of the child to be rejected pursuant to paragraph 2 of article 1 shall apply in addition to the provisions of paragraph 4 of article 11 of the regulation. (21.12.2004/1155) Chapter 6 (4.3.1994/186) in a foreign State on the strengthening of the decision and the procedure for the return of the child under section 35 (4.3.1994/186) the central authority for the purposes of the Hague Agreement, the agreement of the Council of Europe, as well as the central authority is the Ministry of Justice in Finland.
State and municipal social welfare authorities and the police must be given the assistance of the Ministry of Justice at the request of the child's whereabouts and circumstances of the child, in a foreign State on the implementation of the decision on custody in order to secure the return of the child, and the child and the restoration.

36 section (22.5.2015/662) an application to the application, which is that in a foreign State, in respect of the recognition of a decision, or that it is enforceable in Finland, can make it, which has been given to the child's custody or visitation rights. An application for the return of the child to do it right, which is the forms referred to in article 32. Return the application to the State as a party to the agreement of the Council of Europe on the application of the recognition and enforcement of a decision may also be made by the Ministry of Justice or Ministry-authorized agent.
The application shall be made in writing to the Finnish or Swedish language. The application shall contain: 1. the personal data relating to the applicant), as well as the adverse party;
date of birth for child 2), if the information is available;
3) the reasons for the claim; as well as the available information of the whereabouts of the child, 4) and the person that is supposed to keep the child with him.
The application must provide a document from the vieraskielisestä certified translation of the Finnish or Swedish language, unless the Court makes this an exception.
L:lla 662/2015 modified section 36 shall enter into force on the 1.1.2016. The previous wording: article 36 (4.3.1994/186) of the application the application that applies to that foreign State, in respect of the recognition of a decision, or that it is enforceable in Finland, can make it, which has been given to the child's custody or visitation rights. An application for the return of the child to do it right, which is the forms referred to in article 32. Return the application to the State as a party to the agreement of the Council of Europe on the application of the recognition and enforcement of a decision may also be made by the Ministry of Justice or Ministry-authorized agent.
The application shall be made in writing to the Finnish or Swedish language. The application shall contain: 1. the personal data relating to the applicant), as well as the adverse party;
date of birth for child 2), if the information is available;
3) the reasons for the claim; as well as the available information of the whereabouts of the child, 4) and the person that is supposed to keep the child with him.
The application must provide a document from the vieraskielisestä certified translation into the language of Finland or Sweden for the submission, subject to the Helsinki Court of appeal to grant this exception.

37 section (22.5.2015/662) and the return of the child, in accordance with decision of the proceedings in a foreign State and the issue of the return of the child shall be dealt with as a matter of urgency. If the issue of the return of the child has not been resolved within six weeks of the submission of the application, the Court of appeal is the Ministry of Justice or at the request of the applicant, provide an explanation of the facts, which have delayed the proceedings.
The processing of an application for the return of the child can be put off or leave the application as inadmissible, if there are reasonable grounds to believe that the child has been removed to another State. The delaying of the case to the Court of appeal may order that the proceedings will continue until the return of the child, the applicant notified to Finland or other issues, under which it is to be regarded as necessary to the solution.
The Court may, if necessary, to hold a session away from the Court in the locality.
The trial is, mutatis mutandis, to comply with the provisions of this law provides for the right to run on the issue of child custody or visitation.
L:lla 662/2015 changed section 37 shall enter into force on the 1.1.2016. The previous wording: article 37 (4.3.1994/186) and the return of the child, in accordance with decision of the proceedings in a foreign State and the issue of the return of the child shall be dealt with as a matter of urgency. If the issue of the return of the child has not been resolved within six weeks of the submission of the application, the Court of appeal is the Ministry of Justice or at the request of the applicant, provide an explanation of the facts, which have delayed the proceedings.
The processing of an application for the return of the child can be put off or leave the application as inadmissible, if there are reasonable grounds to believe that the child has been removed to another State. The delaying of the case to the Court of appeal may order that the proceedings will continue until the return of the child, the applicant notified to Finland or other issues, under which it is to be regarded as necessary to the solution.
The Court of appeal may consider a session of the Court of appeal in the judgment of the Court of the rest of the circle or the District Court at the place of the part-session.
The trial is, mutatis mutandis, to comply with the provisions of this law provides for the right to run on the issue of child custody or visitation.

38 section (22.5.2015/662) hearing before the application of any interested party, in a foreign State of an application for an injunction aimed at the return of the child or will be granted, the Court shall set aside the issue osalliselle an opportunity to be heard, if the whereabouts of the person to be heard and the matter is settled without difficulty.
L:lla 662/2015 changed section 38 shall enter into force on the 1.1.2016. The previous wording: article 38 (4.3.1994/186) hearing before the application of any interested party, in a foreign State of an application for an injunction aimed at the return of the child or will be granted, the Court must set aside the issue osalliselle an opportunity to be heard on the whereabouts of the person to be heard, if the case is known, unless this cause for the delay in the case.

39 section (22.5.2015/662) hearing the child before the court resolves the application in a foreign State, child custody or visitation of the implementation of the decision or the return of the child, the child's opinion, if the child can be of age or other court under assumed to have reached a maturity that the child's opinion, it is appropriate to draw attention to.
The child's opinion is, mutatis mutandis, to be followed, what provides in article 15 and 16.
The Court shall, when seeking clarification on the sosiaalilautakunnalta ask it to submit a statement as a matter of urgency.
The amended section 39 L:lla 662/2015 shall enter into force on the 1.1.2016. The previous wording: article 39 (4.3.1994/186) in consultation with the child before the court resolves the application in a foreign State, child custody or visitation of the implementation of the decision or the return of the child, the Court must determine a child's opinion, if the child to the attention of the Court of appeal may be their age or other reasons which assume to have reached a maturity that the child's opinion, it is appropriate to draw attention to.
The child's opinion is, mutatis mutandis, to be followed, what provides in article 15 and 16.
The Court of appeal is a request for clarification on the sosiaalilautakunnalta ask it to submit a statement as a matter of urgency.

40 section (22.5.2015/662) on this basis, the provisional order of child custody and visitation, as well as the recognition and enforcement of a decision on the issue of the return of the child the Court can in order to protect the best interests of the child, and in order to secure the return of the child to provide a temporary order as to who by the child will reside, or visitation or child custody.
The temporary order is, mutatis mutandis, in effect, provides in article 17.
L:lla 662/2015 modified section 40 shall enter into force on the 1.1.2016. The previous wording: article 40 of the interim rule (4.3.1994/186) of the child custody and visitation, as well as the recognition and enforcement of a decision on the issue of the return of the child in dealing with the protection of the best interests of the child the Court can in order to secure the return of the child to give the temporary provision, and who by the child will reside, or visitation or child custody.
The temporary order is, mutatis mutandis, in effect, provides in article 17.

41 section (4.3.1994/186) free legal aid and the return of the child, the costs of the Council of Europe on the issue of the return of the child and the State as a party to the agreement, the decision on custody or access rights on the issue of recognition and enforcement of the applicant shall, on request, grant free trial korvausvelvollisuudetta to the State, even if the free trial does not otherwise be granted.
When the return of a child or the Court will confirm that the child's custody, the decision can be implemented, it can at the same time, the applicant's claim for compensation to the applicant, the applicant requires the other party to carry out of the expenses incurred in the return of the child.

If the applicant referred to in subsection 1, the other party loses, he must be ordered to pay the costs incurred by the Ministry of Justice, according to the same criteria as the case involved, the decision on costs is provided. The amount of compensation may be submitted without judgment or lower, if the obligation to avoid a disproportionate burden in relation to the relevant economic conditions.

Article 42 (22.5.2015/662) appeal on the issue of the return of the child to the Helsinki Court of appeal decision, which relates to the return of the child, is contested by appealing to the Supreme Court, where the Supreme Court stated in Chapter 30 by virtue of section 3 of the chapter's leave to appeal be granted. The time limit for making a complaint to the appeal court is 14 days from the date on which the Court of appeal in solution was given.
The Supreme Court may hear and determine the issue of the return of the child in kolmijäsenisessä.
When applying for leave to appeal and the procedure for the issue, the provisions of Chapter 30 of the code shall apply to the way the appeal of the Court of appeal in the second instance.
L:lla 662/2015 modified section 42 shall enter into force on the 1.1.2016. The previous wording: article 42 (4.3.1994/186) in the implementation of the decision on appeal in a foreign State, or on the issue of time limit for the return of the child in the adoption of the Helsinki Court of appeal, in which it has been established that a foreign State child custody and visitation of the decision can be put here, or in which the child is in order, it is 14 days from the date on which the Court of appeal in solution was given.
The appeal of the Court of appeal is otherwise valid, what chapters of the code of 30.

42 (a) section (21.12.2004/1155) ratio of the Brussels IIa regulation What provides in article 36 – 42, does not apply in the case of a foreign State, the recognition of a decision on the matter which is the subject of or on the implementation of the Brussels IIa regulation.
Where the child habitually resident immediately before the wrongful removal or retention was the Brussels IIa regulation in the Member State referred to in article 2, paragraph 3, the procedure for the return of the child, in addition to the provisions of this chapter shall apply in the case of regulation 11 (2), (3) and paragraphs 5 to 8.
Chapter 7 (4.3.1994/186) miscellaneous provisions article 43 (22.5.2015/662), the enforceability of the decision of the Court of Justice decision on child custody or visitation or child must reside in the who by, can be applied, even if the decision is not, unless the decision of not otherwise provided.
The Helsinki Court of appeal, in order to allow the return of the child, can be applied, even if the decision is not received.
In a foreign State, in respect of the decision on child custody and visitation can be put immediately into effect, once the Court has confirmed that the decision can be implemented in Finland, although a decision has not been received. The Court may, however, stipulate that the decision can be enforced only after a in a foreign State, in respect of the decision or a decision issued by a court is final.
What (3) shall not apply in any case in a foreign country, in accordance with decision on the implementation of the Brussels IIa regulation applies.
Section 43 Amended L:lla 662/2015 shall enter into force on the 1.1.2016. The previous wording: article 43 (4.3.1994/186), the enforceability of the decision of the Court of Justice decision on child custody or visitation or child must reside in the who by, can be applied, even if the decision is not, unless the decision of not otherwise provided.
The Helsinki Court of appeal, in order to allow the return of the child, can be applied, even if the decision is not received.
In a foreign State, in respect of the decision on child custody and visitation can be put immediately into effect, when the Helsinki Court of appeal has confirmed that the decision can be implemented in Finland, even though the Court of appeal decision has not received any legal force. The Court of appeal may, however, provide that the decision may be enforced only after a in a foreign State, in respect of the decision or of the Court of appeal has been issued by the decision.
What (3) shall not apply in any case in a foreign country, in accordance with decision on the implementation of the Brussels IIa regulation applies. (21.12.2004/1155) section 44 (22.5.2015/662) to send the decision accepted the return of the child if the Court has ordered, pursuant to section 30 of the decision, it shall send to the competent bailiff, and shall request it to urgently take care of implementation as provided for in article 46.
Once the Court has confirmed that in a foreign State, in respect of the decision is enforceable in Finland, it is at the request of the applicant, an application for the implementation of the decision and sent to the competent District Court, where a decision can be made on the basis of article 43. The District Court shall ensure the implementation of the urgency as provided for in article 45.
Under the Brussels IIa regulation for the implementation of the posting of the judgment which has been declared enforceable provided for separately.
Amended 44 of Decree L:lla 662/2015 shall enter into force on the 1.1.2016. The previous wording: article 44 (20.4.2000/620) to send the decision to the District Court When the Helsinki Court of appeal has ordered the return of the child pursuant to section 30 of the public authorities, it will be the decision of the competent District Court on behalf of the post for the implementation of the urgent need to ensure the implementation of the request, as provided for in article 46.
When the Court of appeal has confirmed that a foreign State, in respect of the decision is enforceable in Finland, at the request of the applicant, the decision of the Court of appeal is sent to the competent District Court, and on the implementation of the application, provided that the decision may be, pursuant to the third paragraph of article 43. The Court of appeal is at the same time, the implementation of the right to an urgent need to call on the District Court, as provided for in article 45.
Under the Brussels IIa regulation for the implementation of the posting of the judgment which has been declared enforceable provided for separately. (21.12.2004/1155) section 45 (4.3.1994/186) in a foreign country for implementing the decision establishing the enforceable in Finland, established in a foreign State, in respect of the child custody and visitation, the decision will be implemented by the child custody and visitation of the implementation of the decision on the Act (619/1996). Implementation, however, must not be taken after the age of 16 years. According to the Brussels IIa regulation on the implementation of an enforceable judgment given in a foreign State provided for separately. (21.12.2004/1155)
What the first paragraph shall also apply to the consent and the decision referred to in section 26 of the Act, where a child's removal or retention of a child has been implying.

46 section (22.5.2015/662) the execution of the return of the child, the return of the child pursuant to section 30 of the Ordinance shall be implemented by downloading the child. In addition to the implementation of the order otherwise complied with what the child custody and visitation law on the implementation of the decision, unless otherwise provided in article 2 or 3.
If the child is in order to allow the return of the application, which had been done before than a year had passed since the child's wrongful, order the return of the child can be implemented only if the child objects to being returned and has attained an age and maturity, that his opinion, it is appropriate to draw attention to.
Order the return of the child must be implemented, regardless of what the child custody or the child's contact with the Social Affairs Committee may have been decided. Recovery is not, however, be allowed to take it after the age of 16 years.
L:lla 662/2015 modified section 46 shall enter into force on the 1.1.2016. The previous wording: article 46 (4.3.1994/186) in the execution of the return of the child, the return of the child pursuant to section 30 of the Ordinance is without hearing the other party shall be enforced by a child for pickup. In addition to the implementation of the order otherwise complied with what the child custody and visitation law on the implementation of the decision, unless otherwise provided in article 2 or 3. (20.4.2000/620)
If the child is in order to allow the return of the application, which had been done before than a year had passed since the child's wrongful, order the return of the child can be implemented only if the child objects to being returned and has attained an age and maturity, that his opinion, it is appropriate to draw attention to. (20.4.2000/620)
Order the return of the child must be implemented, regardless of what the child custody or the child's contact with the Social Affairs Committee may have been decided. Recovery is not, however, be allowed to take it after the age of 16 years.

47 section (4.3.1994/186)


Strengthening the luvattomuuden of removal or restoration of custody if the child is habitually resident in Finland, which is a removal from Finland, or unauthorized access to an abduction from a foreign State, may, on application by the Court of Justice confirms that the removal or retention of a child is to be considered under section 32 to be inappropriate. The Court's decision, in which it has been confirmed that the removal or retention of a child is not subject to appeal.

48 section (4.3.1994/186) tampered with poisviedyn in the removal or retention of the child custody proceedings If a request for asylum lodged in the Finnish Court is pending on the issue of parental responsibility, and the Court has reason to believe that the child has or has not been tampered with, been brought to Finland from here before the Court must decline jurisdiction or suspend proceedings at that time in order to determine whether the return of the child to order.

Article 48 (a) (20.4.2000/620) the interim safeguard measure if there is justified reason to assume that the consent of the other parent or guardian to take custody of the child without going to an unauthorized person out of the country, the bailiff or the police authority can the requirement of having a child with a parent or guardian immediately and the child is then placed as child custody and visitation of the implementation of the decision on the Act (619/96) section 25 of the Act provides (a temporary precautionary measure). The interim safeguard measure may be carried out only if the matter is so urgent that the custodial parent will not be able to prevent the child's maastaviemistä by requesting a temporary injunction referred to in article 17.
The interim safeguard measure is a child custody and visitation of the implementation of the decision on amending the law in accordance with the third paragraph of article 25, as soon as the motion to be brought before the Court. The Court's decision, in which the child has been ordered to be placed on a temporary basis, shall be valid for a period determined by the Court of Justice for a period not exceeding one week. The measure is, mutatis mutandis, to section 25 of the Act in force, what's the provisional in accordance with a precautionary measure.

49 section (4.3.1994/186) Regulation on the implementation of the provisions of this law shall be given Full delegation of the regulation.
A regulation may provide that the provisions on the return of the child is either in whole or in part, the issue is also to be applied when the child, who has no place of residence in a foreign State which is a party to the Hague Agreement.
In addition to the regulation is necessary in order to provide that the applicant shall be granted free trial section 41 in accordance with the criteria laid down in paragraph 1 also on the issue of rights of access.

section 50 of the scope of application of the provision on the entry into force of this law, and shall enter into force on 1 January 1984.
The provisions of this Act shall also apply when the child is born before the entry into force of this law. The provisions of this Act shall also apply to the case, which is pending before the Court upon the entry into force of this law, as well as in respect of custody or visitation prior to the entry into force of this law on the amendment of the decision.
Since the entry into force of this law shall be applied to the child's huoltajaan, what the law or the regulation has provided for the child's guardian's duties and the right to represent the children in the case of this person, or maintenance.
When required by law or regulation has been made to the law, which has become the rule of the law, this provision apply. THEY 224/82, lvk. Mrs 11/82, suvk. bet. 272/82 acts entry into force and application in time: 4.3.1994/186: this law shall enter into force at the time of the decreed. (L 186/1994 came in accordance with the entry into force of A 555/94 had.)
The provisions of this Act pursuant to the provisions of the law, as well as the determination of the service immediately in a foreign State and the recognition and enforcement of a decision shall also apply when service was established and the ground is born, or the decision is issued before the entry into force of this law.
The return of the child, this Act shall apply to a child in Finland, which have been affixed to the abduction, even though the child would have been brought to Finland before the entry into force of this law.
THEY LaVM 60/93, 28/93 20.4.2000/620: this law shall enter into force on 1 December 1996. Transitional provisions for the application of the law. (See L 818/1996),
THEY LaVM 7/96/95, 96/97 of 22 September 2000, 101, EV/818: this law shall enter into force on 1 January 2001.
THEY 137/1999, Shub 18/2000 EV 100/2000 21.12.2004/1155: this law shall enter into force on 1 March 2005.
THEY LaVM 186/2004, (EC) No 10/2004, EV 187/2004, Council Regulation (EC) No 1782/2003 2201/2003 (32003R2201); OJ No l L 338, 23.12.2003, p. 1-13 March 2009/155: this law shall enter into force on 1 September 2009.
Before the date of the entry into force of the laws which have been in force at the time of entry into force of the law applies.
THEY LaVM 16/70/2008, 2008, 2009-12 June 2009/436 EV 5: the entry into force of this law provides for the State by means of a Council regulation.
THEY LaVM 7/218/2008, 2009 2009-10 February 2011, EV 63/111: This Regulation shall enter into force on 1 March 2011.

11.4.2014/315: this law shall enter into force on 1 may 2014.
THEY 186/2013/2014, LaVM 1, EV 21/2014 13.1.2015/14: this law shall enter into force on the 1 January 2016.
THEY LaVM 16/91/2014, 2014, EV 22.5.2015/662 235/2014: this law shall enter into force on the 1 January 2016.
The issue, which has been initiated before the entry into force of this law, shall be applied upon the entry into force of this law, the provisions in force.
THEY LaVM 34/231/2014, 2014, EV 340/2014