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In accordance with the decision of the Parliament:
The purpose of the child's maintenance is to ensure the balanced development and well-being of the child in accordance with the individual needs and wishes of the child. There is a need to safeguard positive and close relationships, particularly between the child and his parents.
Care must be taken to ensure good care and education, as well as supervision and care in relation to the age and level of development of the child. The aim must be to provide a safe and stimulating environment for children, as well as training for the child's bending and preferences.
The child should be raised in such a way that the child receives understanding, security and affection. The child shall not be subject to any form of corporal discipline or other abusive treatment. The child's independence and increased responsibility and adult education must be supported and promoted.
The purpose of the right of access is to protect the child's right to stay in touch and to meet a parent with whom the child does not reside.
The child's parents shall, in mutual agreement and in particular the best interests of the child, seek to ensure that the purpose of the right of access is exercised in accordance with the principles laid down in Article 1.
The guardians of the child are his parents or persons to whom the custody of the child is entrusted.
The child's maintenance ends when the child reaches the age of 18 or before marriage.
The child's custody shall ensure the development and well-being of the child as provided for in Article 1. To that end, the guardian has the right to decide on the care, upbringing, place of residence and other personal matters of the child.
Before taking a decision on the personal matter of the child, he/she shall discuss the matter with the child, if it is possible for the child's age and level of development and the quality of the case. In making this decision, he must pay attention to the child's views and wishes.
The guardian shall represent the child in matters relating to this person, unless otherwise provided for by law.
The custody of the child's guardians shall be jointly responsible for the maintenance of the child's care and shall take decisions relating to the child together, unless otherwise specified or prescribed.
If one of the guardians is not able to take part in the decision on the child, the illness or any other reason, and the delay in the decision would be impaired, there is no need for his consent. However, a matter of significant importance for the future of the child may be decided jointly by the guardians, unless the best interests of the child appear to require otherwise.
The parents of the child who are born in marriage are both guardians of their child. If parents are not married when the child is born, they are the mother of their child.
If one of the parents is alone the guardian of the child and the parents go together in marriage, they will both become guardians of their children.
Parents can agree on that,
1) that the child's care is entrusted to both parents together;
2) that the child should live with his other parents if the parents do not live together;
(3) that the child's care is entrusted to another parent;
(4) that the child has the right to a relationship between the parents and to meet their parents, with whom the child does not reside.
The contract for the custody of the child and the right of access shall be made in writing and be presented to the social committee of the municipality where the child has his habitual residence.
If the child does not have a place of residence in Finland, the contract shall be presented to the social committee of the municipality where the child has been habitually resident in Finland or, if the child has not had a place of residence in Finland, The Social Board, where the parents of the child or one of the parents are habitually resident. If, according to the above, no social committee of any municipality is competent, the contract shall be submitted to the Social Board of the City of Helsinki.
The Social Board shall, when considering whether the agreement can be established, take into account the best interests of the child and the wishes of the child, as provided for in Articles 10 and 11. The agreement must not be confirmed if neither child's parents are the child's guardian.
The agreement confirmed by the Social Board is valid and can be implemented, as has been decided by the Court of Justice.
If a man has confessed his paternity before the birth of the child (2006) In accordance with Article 16, the mother of a child born and born may, in the same context, conclude an agreement that the child's care is entrusted to both parents jointly.
The health care provider or the midwife who received the recognition shall certify, with their signature, the signatures of the parents and then forward the document to the child supervisor referred to in Article 16 (5) of the paternity law; For. The Social Board can't confirm the contract until the man's paternity is confirmed.
L to 14/2015 Article 8a enters into force on 1 January 2016.
The court may decide,
1) that the child's care is entrusted to both parents together;
2) that the child should live with his other parents if the parents do not live together;
(3) that the child's care is entrusted to another parent;
(4) that the child's care is entrusted not only to the parents, but to one or more persons who have given their consent;
5) that the child has the right to stay in contact and to meet a parent with whom the child does not reside.
If parents or one of them are the guardians of their child, the Court of Justice may, in accordance with paragraph 1 (4) of the child's care, believe in one or more persons, rather than parents, only if there are very serious reasons for the child.
Where appropriate, the Court may lay down provisions on the duties, rights and obligations of the guardian and, where the child has two or more guardians, to decide on the division of tasks between the guardians. When deciding on the right of appointment, the court shall lay down more detailed provisions on the terms of the meeting and the nature of the nature of the nature of the nature of the
When deciding on parental responsibility and rights of access, the court or tribunal shall take into account the best interests of the child and the wishes of the child, as provided for in Articles 10 and 11.
The issue of parental responsibility and rights of access must be resolved first and foremost in the best interests of the child. To this end, attention shall be paid in particular to the way in which maintenance and access rights are best realised in the future.
The issue of the maintenance of a child's care for both parents or other parents, or the right of access, must be settled in a way that is agreed by the parents, if the parents or one of them are the guardians of their child and there is no reason to believe that this The solution would be against the child's best interests.
In the case of child custody and rights of access, the child's own wishes and opinions shall be examined in so far as it is possible with regard to the age of the child and the level of development of the child, if the parents are not unanimous, if the child is not , or if otherwise considered appropriate for the best interests of the child.
The opinion of the child shall be delicately determined, taking into account the degree of development of the child and without prejudice to relations between the child and his parents.
The agreement or court decision adopted by the Social Committee may be amended if the circumstances have changed since the adoption of the contract or the adoption of the decision, or if there is otherwise.
In the case of parental responsibility and rights of access, the competent court shall: In Chapter 10 of the Court of Justice .
The issue of a child's custody or right of access shall be initiated by an application which may be made by the parents of the child together, the other parent, the child's guardian or social committee.
If the child is unaccompanied by a guardian's death, the application may also be made by a relative of the child or other person close to the child.
In the case of a child's custody or right of access, a requirement may also be made for the establishment of a child maintenance allowance or a change in the maintenance period laid down.
In dealing with the issue of parental responsibility or rights of access, it shall be possible for the parents and caregivers of the child to be heard if the call may be served on them.
A child may be heard in person before a court if, for pressing reasons, this is necessary for the purpose of resolving the matter. Consultation can only take place if the child agrees and it is obvious that the hearing may not harm the child.
In the case of a child's custody or right of access, the court or tribunal shall obtain a report from the social committee of the municipality where the child, the parent, guardian and guardian of the child is habitually resident. If such a person does not have a place of residence in Finland, the report shall be obtained from the social committee of the municipality in which the person resides. However, it is not necessary to obtain a settlement if it is obvious that it is not necessary to resolve the matter. (4.3.1994/186)
If the report makes it clear that the agreement can be resolved by agreement between the parents, as provided for in Article 7, the Social Board shall provide the parents with the necessary assistance in concluding the contract.
The report and the relevant proceedings may also disclose confidential information, in accordance with the law on the status and rights of the client (812/2000) (1), Article 19 and Article 27 (2) to (4). (22.9.2000)
Where a case concerning parental responsibility or rights of access is pending before a court, the court or tribunal may issue an interim order on whom the child is to reside and to meet and meet the conditions of the meeting or the nature of the nature of the nature of the child. If there is a particular reason for this, the court may order the maintenance of the child's supply until the final decision is taken.
The provisional order issued by the Court shall not be subject to appeal.
The provisional provision shall remain in force until the final decision is taken by the Court of Justice, unless the decision is otherwise withdrawn or amended.
The court settlement of a dispute concerning custody and right of access to a child shall be governed by the law on mediation and reconciliation in the general courts (2006) .
The municipality in whose territory the administrative office of the district court is situated must ensure that a sufficient number of disputes is available to the District Court in accordance with Article 5 of the Law on settlement and reconciliation in the general courts , for the purpose of settling disputes relating to the custody of the child and the right of access. In the bilingual tachograph, the municipality shall ensure that expert services are available to the district court in Finnish and Swedish. The organisation of specialist services is responsible for the provision of social services (710/1982) § 6 The institution responsible for social affairs referred to in paragraph 1.
The expert assistant shall be in possession of a law on health professionals in the field of health care professionals (559/1994) By virtue of the law of the Court of Justice of the European Communities, of the European Parliament and of the Council of (192/2005) The eligibility of a social worker in accordance with Sections 3 or 14 or any other appropriate higher education qualification. In addition, an expert assistant shall be required to provide for additional and additional training as well as experience in working with the different families.
The State pays the municipality responsible for the organisation of expert services for the use of an expert assistant in court mediation. The compensation shall be paid in the form of a deferred daily allowance in the form of an allowance and an hourly basis for the measures taken outside the sitting. Where mediation is provided outside the principal place of work of the administrative office of the district court or the designated expert assistant, the travel and accommodation costs incurred by mediation shall be reimbursed to the municipality, as well as The daily allowance payable to an expert. The Decree of the Council of State lays down more detailed provisions on the amount of the daily and hourly compensation, the measures for which the hourly compensation is paid and the reimbursement of expenses.
The law or the will of the child shall be governed by the law of the State which is applicable to the applicable jurisdiction, applicable law, recognition and enforcement of the measures, and In Articles 16, 19 and 21 of the Hague Convention of 19 October 1996 on cooperation in matters relating to parental responsibility and the protection of children.
The law of the State where the child has his habitual residence shall be governed by the law of the State. If the child is habitually resident in another country, the law of that State shall apply.
The Finnish court may examine the issue of custody of the child or the right of access if the child is habitually resident in Finland.
The Social Board may confirm the contract for the custody of the child or the right of access if the child has his habitual residence in Finland.
A child who has been resident in Finland for a period of at least one year immediately prior to the initiation of the proceedings must be considered to be habitually resident here, unless that is the case.
The Finnish authority may examine the issue of custody and right of access to a child as if the child is habitually resident in Finland, where the child resides in Finland and is in the absence of a place of residence due to disturbances in his or her country of origin. The place of residence cannot be determined. (12.06.2009/436)
The Finnish court may examine the issue of parental responsibility or rights of access, even if the child does not have a place of habitual residence in Finland if the child is staying in Finland or, for another reason, it may be considered appropriate and:
(1) the child has had his habitual residence in Finland during the preceding year; or
(2) the child has any other close connection with Finland, taking into account all relevant factors.
In the case of dissolution of marriage, the Finnish court may examine the issue of parental responsibility or rights of access, even if the child does not have a place of residence in Finland at the time of the proceedings if:
(1) at least one of the parents is the child's guardian and at least one of the parents is habitually resident in Finland;
(2) the guardians have since approved the examination of the case in Finland; and
(3) the exercise of powers in this matter is in the best interests of the child.
(12.06.2009/436)An interim order may be issued by the court of Finland on whom the child shall reside, the right of access, or the custody of the child, where it is appropriate, in order to safeguard the best interests of the child, even if the Court of Justice does not have jurisdiction to: Business.
The provisional provision shall apply mutatis mutandis to the provisions of Article 17.
In the case of a decision on parental responsibility and rights of access, the law of Finland shall apply. However, where there is a close link to a foreign country, the law of that State may, exceptionally, be taken into account if the child's best interests so require.
In a foreign country, the decision on the custody of the child or the right of access shall be recognised and implemented in Finland, as set out below.
A decision issued in a foreign State means a decision or a temporary order issued by a court or other authority, as well as the confirmation of an agreement, if the said measure is recognised as taxable in the State in which the The procedure is complete.
Without the consent of the Authority, the agreement or provision on the custody of the child or the right of access may be recognised and enforced in Finland, as was the case in a foreign country, if the said measure was legally valid and Enforceable in the country where the child had his habitual residence.
The decision which has been adopted in Iceland, Norway, Sweden or Denmark is recognised and implemented in Finland without any further confirmation.
The decision adopted in the State referred to in paragraph 1 shall not be refused or refused on the basis of this Chapter if the decision has to be recognised or implemented in accordance with its provisions.
The decision rendered in a foreign country other than that in Article 24 is recognised in Finland without any further confirmation. However, the Helsinki District Court may, on application, confirm whether the decision is recognised in Finland.
The decision which, under paragraph 1, is recognised in Finland and may be implemented in the State in which the decision was adopted ( Jurisdiction ), may be implemented in Finland if the Helsinki District Court has confirmed that the decision is enforceable here.
Where the Court confirms that a decision on access to a foreign country may be implemented in Finland, it may amend or specify the terms of the meeting or nature of the nature of the nature of the grant in question, as it considers the From a point of view.
L to 22/2015 Article 25 shall enter into force on 1 January 2016. The previous wording reads:
The decision rendered in a foreign country other than that in Article 24 is recognised in Finland without any further confirmation. However, the Helsinki Court of Appeal may, upon application, confirm that the decision is recognised in Finland.
The decision which, under paragraph 1, is recognised in Finland and may be implemented in the State in which the decision has been adopted (in the case of jurisdiction) , may be implemented in Finland if the Helsinki Court of Appeal has confirmed that the decision is enforceable here.
Where the Court of Appeal confirms that a decision on access to a foreign country may be implemented in Finland, the court of appeal may, at the same time, amend or specify the terms of the meeting or the nature of the nature of the nature of the nature of the grant in question, as it considers the interests of the child From a point of view.
The Helsinki District Court may, upon application, confirm that the decision, in which the removal or retention of the child has been found to be unauthorised, is enforceable here if:
(1) the decision has been adopted in a State which is the Member States of the Council of Europe in Luxembourg on 20 May 1980 on the recognition and enforcement of decisions on parental responsibility and on the return of children's services ( Council of Europe Agreement ) Party; and
(2) where the child was taken over the international border, there was no decision in a State party to the Council of Europe, which could be the basis for implementation.
L to 22/2015 Article 26 shall enter into force on 1 January 2016. The previous wording reads:
The Court of Appeal of Helsinki may, upon application, confirm that a decision in which the removal or retention of a child has been found to be unauthorised is enforceable here if:
(1) the decision has been adopted in a State which is the Member States of the Council of Europe in Luxembourg on 20 May 1980 on the recognition and enforcement of decisions on parental responsibility and the Convention on the return of children; (Council of Europe Agreement) Party; and
(2) where the child was taken over the international border, there was no decision in a State party to the Council of Europe, which could be the basis for implementation.
A decision adopted in a foreign country may be refused and its implementation may be refused if:
(1) recognition or enforcement of the decision would result in a result which would appear to be contrary to the fundamental principles of the family and children of the Finnish legal order;
(2) it is obvious that recognition or enforcement of the decision would no longer be in line with the interests of the child as a result of changing circumstances;
(3) when the procedure leading to a decision was initiated in a judicial capacity, the child was a Finnish national or his habitual residence in Finland and had no such connection with the State of jurisdiction, or the child was both a judicial and a Finnish The citizen and his place of residence were in Finland; or
(4) the decision is incompatible with a decision adopted in Finland or with a decision adopted in Finland in a third State where the procedure has started before the application for recognition or enforcement has been applied for, and Is in the best interests of the child.
Where a decision has been issued in a foreign country which is not a party to the Council of Europe Agreement, a decision may be refused and refused if the authority which issued the decision does not comply with Articles 19 and 20 The criteria would have been competent to investigate the matter and the child's habitual residence in Finland, or if the decision is not recognised or enforced in a foreign country where the child has his habitual residence.
If the other party has not been able to address the issue, the decision may be recognised or enforced in Finland only if:
(1) a challenge or an invitation which contains a notification of the substance of the case has been communicated to the opposing party in a proper and timely manner so that he has had time to reply; and
(2) the competence of the issuing authority has been based on the place of residence of the obligor, the last place of residence of the parents, if at least the other habitual residence was still there, or the place of residence of the child.
However, the recognition and enforcement of the decision shall not preclude the transmission of service as provided for in paragraph 1, paragraph 1, if this is due to the fact that the counterparty has concealed its whereabouts from the other party.
The issue of recognition or enforcement of a decision may be deferred if:
(1) an appeal has been lodged by means of an appeal; or
(2) the matter relating to the custody or right of access to the child is dealt with in Finland in the course of proceedings brought before the appropriate procedure in the judicial capacity; or
(3) the procedure for the implementation or recognition of any other decision on parental responsibility or rights of access is pending.
Articles 19 to 21 and 23 to 29 shall apply only if the jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and repealing Regulation (EC) No 1347/2000 Regulation (EC) No 2201/2003 ( Brussels IIa Regulation , or subject to a treaty binding on Finland.
The provision of a foreign law which, according to the provisions of this Chapter, should apply, must be disregarded if its application would, in the interests of the child, appear to be contrary to the grounds of the Finnish legal order.
Subject to the provisions of this Chapter, a reference to the law of a foreign State does not include provisions falling within the international private law of the foreign State concerned within the meaning of this Chapter.
A child in Finland who has been wrongfully removed from the State in which the child was habitually resident or unlawfully removed shall be ordered immediately to be returned if the child immediately before or without wrongful removal Was habitually resident in the State in The Hague on 25 October 1980 in accordance with the Convention on the Civil Aspects of International Child Abduction (The Hague Agreement) Party.
The order for the return of the child shall be granted by the Helsinki Court of Appeal.
The removal or retention of a child shall be considered to be unauthorised if:
(1) it infringes the rights of custody of the child to a person, institution or any other institution, whether individually or jointly, in accordance with the legal order of the State where the child immediately before or without removal Had his habitual residence; and
(2) at the time of removal or non-return, those rights were actually used, alone or in combination, or would have been used if the omission or omission had not occurred.
The removal or retention of a child shall not be considered as unauthorised if the holder of the rights referred to in paragraph 1 (1) has consented to the procedure or has been expressly or tacitly accepted.
For the purposes of this Chapter, the rights and obligations of the child concerned shall mean the rights and obligations of the child, in particular the right to determine the place of residence of the child.
An application for the return of a child may be refused if:
(1) the application has been made after a year has elapsed since the child's wrongful removal or retention and the return of the child would be contrary to the best interests of the child;
(2) there is a serious risk that the return might expose the child to physical or mental damage, or that the child would otherwise be subjected to unacceptable conditions; or
(3) if the court finds that a child who has reached age and maturity that it is appropriate to draw attention to the opinion of the child, is to oppose the return.
The child cannot be ordered to be returned after the age of 16.
If the child's habitual residence immediately prior to removal or retention was in the Member State referred to in Article 2 (3) of the Brussels IIa Regulation, the rejection of an application for the return of the child pursuant to paragraph 1 (2) The provisions of Article 11 (4) of the Regulation shall apply. (21.12.2004)
The Council of Europe Agreement and the central authority for the purposes of the Hague Convention are the Ministry of Justice in Finland.
At the request of the Ministry of Justice, the State and municipal authorities and the police authorities must provide assistance to the Ministry of Justice in order to ascertain the circumstances of the child and the circumstances of the child, in order to ascertain the circumstances of the child In order to ensure implementation and the return of the child and to prevent the unauthorised removal of the child.
An application for confirmation that a decision adopted in a foreign country is recognised or enforceable in Finland may take the form of a right to custody or access to a child. The application for the return of a child may be made by the person whose right has been infringed in the manner referred to in Article 32. The application for recognition and enforcement of a decision in a State party to the Agreement of the Council of Europe may also be submitted by the Ministry of Justice or by an agent authorised by the Ministry.
The application shall be made in writing in Finnish or Swedish. The application must be made clear:
(1) personal data concerning the applicant, the child and the counterparty;
(2) the date of birth of the child, if available;
3) the criteria of the requirement; and
(4) available information on the whereabouts and the person of the child who is supposed to be with the child.
The foreign language document attached to the application shall be certified as a certified translation into Finnish or Swedish, unless the court admits this derogation.
L to 22/2015 Article 36 shall enter into force on 1 January 2016. The previous wording reads:
An application for confirmation that a decision adopted in a foreign country is recognised or enforceable in Finland may take the form of a right to custody or access to a child. The application for the return of a child may be made by the person whose right has been infringed in the manner referred to in Article 32. The application for recognition and enforcement of a decision in a State party to the Agreement of the Council of Europe may also be submitted by the Ministry of Justice or by an agent authorised by the Ministry.
The application shall be made in writing in Finnish or Swedish. The application must be made clear:
(1) personal data concerning the applicant, the child and the counterparty;
(2) the date of birth of the child, if available;
3) the criteria of the requirement; and
(4) available information on the whereabouts and the person of the child who is supposed to be with the child.
The foreign language document attached to the application shall be certified as a certified translation into Finnish or Swedish, unless the Helsinki Court of Appeal grants a derogation.
The adoption of a decision in a foreign country and the issue of the return of the child must be treated as a matter of urgency. Where the issue of the return of the child has not been settled within six weeks of the date of application, the Court of Appeal shall, at the request of the Ministry of Justice or the applicant, provide an explanation of the circumstances which have delayed the decision.
The examination of the application for the return of the child may be deferred or inadmissible if it is reasonable to assume that the child has been taken to another State. In the event of a delay, the court may order that the proceedings be resumed only after the applicant has been informed of the return of the child to Finland or any other considerations on which the decision must be deemed necessary.
If necessary, the court may also hold a session outside the jurisdiction of the Court of Justice.
Otherwise, where appropriate, the law shall respect the law provided for in this Act concerning the custody of the child or the right of access.
L to 22/2015 Article 37 shall enter into force on 1 January 2016. The previous wording reads:
The adoption of a decision in a foreign country and the issue of the return of the child must be treated as a matter of urgency. Where the issue of the return of the child has not been settled within six weeks of the date of application, the Court of Appeal shall, at the request of the Ministry of Justice or the applicant, provide an explanation of the circumstances which have delayed the decision.
The examination of the application for the return of the child may be deferred or inadmissible if it is reasonable to assume that the child has been taken to another State. In the event of a delay, the court may order that the proceedings be resumed only after the applicant has been informed of the return of the child to Finland or any other considerations on which the decision must be deemed necessary.
The Court of Appeal may also hold a hearing at the place of the Court of Justice of the Court of Justice or other Court of Appeal.
Otherwise, where appropriate, the law shall respect the law provided for in this Act concerning the custody of the child or the right of access.
Before the adoption of a decision in a foreign country or the application for the return of the child is granted, the court shall provide an opportunity for the person concerned to be heard, if the whereabouts of the hearing are without difficulty To be cleared.
L to 22/2015 Article 38 shall enter into force on 1 January 2016. The previous wording reads:
Before the adoption of a decision issued in a foreign country or consent for the return of the child is granted, the Court of Appeal shall have the right to be heard, if the whereabouts of the hearing are known, unless this: Cause delays in the handling of the case.
Before deciding on the application of a decision on parental responsibility or rights of access to a child in a foreign State, the court or tribunal shall examine the child's opinion if the child can be In the light of the facts brought to the attention of the Court, it should be presumed that it has reached maturity that it is appropriate to draw attention to the child's opinion.
Where appropriate, the opinion of the child shall be respected, as provided for in Articles 15 and 16.
When requesting clarification from the Social Board, the Court of Justice shall call on it to submit a report as a matter of urgency.
L to 22/2015 Article 39 shall enter into force on 1 January 2016. The previous wording reads:
Before the Court of Appeal decides on the application of a decision on parental responsibility or the right of access to a child in a foreign country, the Court of Appeal shall examine the opinion of the child if the child can be In the light of other evidence of the Court of Appeal, it should be presumed that it has reached maturity that it is appropriate to draw attention to the child's opinion.
Where appropriate, the opinion of the child shall be respected, as provided for in Articles 15 and 16.
The Court of Justice shall, when requesting clarification from the Social Board, request it to submit a report as a matter of urgency.
In order to protect the best interests of the child and to ensure the return of the child, the court or tribunal may, in order to protect the best interests of the child and to ensure the return of the child, issue a temporary order On whom the child shall live, or the right of access, or the custody of the child.
The provisional provision shall apply mutatis mutandis to the provisions of Article 17.
L to 22/2015 Article 40 shall enter into force on 1 January 2016. The previous wording reads:
In order to protect the best interests of the child and to ensure the return of the child, in order to protect the best interests of the child and to ensure the return of the child, the decision on the recognition and enforcement of the decision on parental responsibility and rights of access may On whom the child shall live, or the right of access, or the custody of the child.
The provisional provision shall apply mutatis mutandis to the provisions of Article 17.
In the case of the recognition and enforcement of a decision on the return of the child and the recognition and enforcement of a decision on parental responsibility or rights of access to the Council of Europe, the applicant shall, upon request, be granted: Free legal proceedings against the State, even if a free trial could not otherwise be granted.
Where the court orders the child to be returned or certifies that a decision on parental responsibility can be enforced, it may, at the same time, require the applicant to pay the applicant a compensation for the costs incurred by the applicant. The return of the child.
If the applicant's successful party loses the case referred to in paragraph 1, he or she shall be obliged to reimburse the costs incurred by the Ministry of Justice on the basis of the same criteria as those provided for in the reimbursement of the costs incurred. Compensation may be waived or reduced if the liability is disproportionate to the economic circumstances of the person concerned.
The decision of the Helsinki Court of Appeal relating to the return of the child is appealed to the Supreme Court if the Supreme Court Article 30, Section 3, of the Court of Justice Of the Court of Justice. The time limit for lodging an appeal and the lodging of a complaint shall be 14 days from the date of adoption of the Court's decision.
The Supreme Court may process and resolve the issue of the return of the child in the three-member Chamber.
For the purposes of applying for an appeal, the procedure shall otherwise apply. Chapter 30 of the Court of Justice Provisions on appeal in the second instance of the court of appeal.
L to 22/2015 Article 42 will enter into force on 1 January 2016. The previous wording reads:
The deadline for lodging a complaint on the decision of the Helsinki Court of Appeal confirmed that the decision on the custody of the child and the right of access in a foreign country can be implemented here, or where the child is ordered to be returned, 14 Days from the date on which the court decision was adopted.
The appeal to a court of appeal is otherwise in force. In Chapter 30 of the Court of Justice Provides.
Articles 36 to 42 shall not apply to a case of recognition or enforcement of a decision issued in a foreign State governed by the Brussels IIa Regulation.
Where the child's habitual residence immediately prior to removal or retention was in the Member State referred to in Article 2 (3) of the Brussels IIa Regulation, the procedure for the return of the child shall apply to the , as provided for in Article 11 (2), (3) and (5) to (8) of the Regulation.
The decision of the court on the custody of the child or the right of access, or of whom the child is to reside, may be immediately implemented, even if the decision has not obtained the force of the law, unless otherwise provided for in the decision.
The decision of the Helsinki Court of Appeal, in which the child has been ordered to be returned, can be implemented immediately, even if the decision has not been given any legal force.
The decision on the custody of the child and the right of access in a foreign country can be implemented immediately after the Court has confirmed that the decision can be enforced in Finland, even if the decision has not been given any legal force. However, the court may order that the decision be enforceable only after the decision of a foreign State or the court's decision has been given a force of law.
Paragraph 3 shall not apply if the Brussels IIa Regulation is applicable to the application of the decision adopted in a foreign country.
L to 22/2015 Article 43 shall enter into force on 1 January 2016. The previous wording reads:
The decision of the court on the custody of the child or the right of access, or of whom the child is to reside, may be immediately implemented, even if the decision has not obtained the force of the law, unless otherwise provided for in the decision.
The decision of the Helsinki Court of Appeal, in which the child has been ordered to be returned, can be implemented immediately, even if the decision has not been given any legal force.
The decision on the custody and right of access to a child in a foreign country can be put into effect as soon as the Helsinki Court of Appeal has confirmed that the decision can be enforced in Finland, even if the court's decision has not been taken into account. However, the Court of Appeal may order that the decision may be implemented only after the decision taken in a foreign country or by a court of appeal has acquired the force of the law.
Paragraph 3 shall not apply if the Brussels IIa Regulation is applicable to the application of the decision adopted in a foreign country. (21.12.2004)
Where the court has ordered the return of a child pursuant to Article 30, it shall send the decision to the competent enforcement officer and shall call on it to carry out the enforcement as provided for in Article 46.
Where the Court of Justice has confirmed that a decision adopted in a foreign country is enforceable in Finland, it shall, at the request of the applicant, send a decision and an application for enforcement to the competent court if the decision can be taken in accordance with Article 43 (3). Shall be implemented. The district court is to implement as a matter of urgency as provided for in Article 45.
The execution of a judgment declared enforceable under the Brussels IIa Regulation shall be laid down separately.
L to 22/2015 Article 44 enters into force on 1 January 2016. The previous wording reads:
Where the Court of Appeal of Helsinki has ordered the return of a child pursuant to Article 30, it shall, acting on its own motion, send a decision for the enforcement of the competent court of law, and calls for this to be carried out as a matter of urgency in accordance with 46 § provides.
Where a court of appeal has confirmed that a decision adopted in a foreign country is enforceable in Finland, the Court of Appeal shall, at the request of the applicant, send a decision and an application for enforcement to the competent court if the decision can be taken 43 Under Article 3 (3) of the Treaty. At the same time, the Court of Justice must call on the District Court to carry out its implementation as a matter of urgency, as provided for in Article 45.
The execution of a judgment declared enforceable under the Brussels IIa Regulation shall be laid down separately. (21.12.2004)
In Finland, a decision on parental responsibility and rights of access to a child enforceable in Finland is implemented in accordance with the law on the implementation of the decision on parental responsibility and rights of access (19/1996) Provides. However, the implementation shall not take place after the age of 16 years. According to the Brussels IIa Regulation, the execution of a judgment in a non-enforceable foreign country is laid down separately. (21.12.2004)
Paragraph 1 shall also apply to the decision referred to in Article 26 in which the removal or retention of the child has been found to be unauthorised.
The order for the return of a child pursuant to Article 30 shall be enforced by raising the child. In addition, the execution of the order shall otherwise be complied with, subject to the provisions of the Act implementing the decision on parental responsibility and access rights, subject to paragraphs 2 or 3.
Where a child has been ordered to be returned from an application which had been made before a year had elapsed from the wrongful removal or retention of a child, the order for the return of the child may not be enforced only if the child Opposes the return and has reached age and maturity that it is appropriate to draw attention to his opinion.
The order for the return of the child must be implemented regardless of the child's parental responsibility or the decision to raise the child in the social committee. However, the return shall not take place after the age of 16.
L to 22/2015 Article 46 shall enter into force on 1 January 2016. The previous wording reads:
The order for the return of a child pursuant to Article 30 without having heard the counterparty must be implemented by ordering the child to be retrieved. In addition, the execution of the order shall otherwise be complied with, subject to the provisions of the Act implementing the decision on parental responsibility and access rights, subject to paragraphs 2 or 3. (16.8.1996/620)
Where a child has been ordered to be returned from an application which had been made before a year had elapsed from the wrongful removal or retention of a child, the order for the return of the child may not be enforced only if the child Opposes the return and has reached age and maturity that it is appropriate to draw attention to his opinion. (16.8.1996/620)
The order for the return of the child must be implemented regardless of the child's parental responsibility or the decision to raise the child in the social committee. However, the return shall not take place after the age of 16.
If a child who has his habitual residence in Finland has been deprived of his or her habitual residence in Finland or not without a return from a foreign country, the court or tribunal may, upon application, confirm that the removal or retention shall be deemed to be inadmissible pursuant to Article 32. The decision of the court confirming that the removal or retention shall be regarded as unauthorised shall not be subject to appeal.
Where a child's custody case is pending before the Court of Finland and the Court of Justice has grounds to believe that a child has been wrongfully imported or not returned to Finland, the court or tribunal shall, for the time being, dismiss the case as inadmissible or The examination of the case to determine whether the child is to be ordered to be returned.
If there is reasonable grounds to assume that the guardian intends, without the consent of the second guardian, to take the child out of the country illegally, the bailiff or the police authority may, at the request of the guardian, take possession of the child immediately and the child shall: Be placed in accordance with the provisions of the law implementing the decision on parental responsibility and access (619/96) Paragraph 2 provides for ( Temporary security measure ). A temporary security measure may be carried out only if the matter is so urgent that the guardian cannot prevent the child from being exported by asking for a temporary order within the meaning of Article 17.
In accordance with Article 25 (3) of the Law on the implementation of the decision on the custody of the child and the right of access, the provisional safeguard measure is to be brought before the Court of Justice. The decision of the court where the child is temporarily assigned shall be valid for a maximum period of one week. Otherwise, the measure shall be in force, mutatis mutandis, as provided for in Article 25 of the Act.
More detailed provisions on the implementation of this law shall be adopted by the Regulation.
The Regulation may provide that the provisions relating to the return of the child are either wholly or partly applicable in the case of a child who has no place of residence in a foreign country such as the Hague Convention Party.
The Regulation may also provide that the applicant must be granted a free trial in accordance with the criteria laid down in Article 41 (1), including in the case of the right of access.
This Act shall enter into force on 1 January 1984.
The provisions of this law shall also apply where the child was born before the entry into force of this Act. The provisions of this law shall also apply to a case pending before the Court in the event of entry into force of this Act and in the case of an amendment to the decision on maintenance or access before the entry into force of this Act.
With effect from the entry into force of this law, the child's guardian shall be subject to the provisions of the law or of the regulation concerning the duties of the child's guardian and the right to represent the child in the case of his or her person or child.
When the law or regulation has referred to a law which has replaced the provision of this law, the provision of this law shall apply.
HE 224/82, Ivhkms 11/82, family members. 272/82This Act shall enter into force at the time laid down by the Regulation. (1 August 1994 L 186/1994 entered into force on 1 August 1994.)
The provisions of this Act on the provision of maintenance immediately under the law, as well as the recognition and enforcement of a decision in a foreign State shall also apply where the reason for the determination of maintenance has been established or the decision is Before the entry into force of this Act.
The provisions of this law relating to the return of the child shall apply to a child in Finland who has been unlawfully left unreturned, even if the child has been brought into Finland before the entry into force of this law.
THEY 60/93 , LaVM 28/93
This Act shall enter into force on 1 December 1996. Transitional provisions are laid down separately. (See L 818/1996)
THEY 96/95 , LaVM 7/96, EV 101/96
This Act shall enter into force on 1 January 2001.
THEY 137/1999 , StVM 18/2000, EV 100/2000
This Act shall enter into force on 1 March 2005.
THEY 186/2004 , LaVM 10/2004, EV 187/2004 Council Regulation (EC) No 2201/2003 (32003R2201); OJ L 338, 23.12.2003, p. 1
This Act shall enter into force on 1 September 2009.
The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.
THEY 70/2008 , LaVM 16/2008, EV 5/2009
The entry into force of this Act is laid down by a Council regulation.
THEY 218/2008 , LaVM 7/2009, EV 63/2009
This Regulation shall enter into force on 1 March 2011.
This Act shall enter into force on 1 January 2016.
DEC 91/2014 , LaVM 16/2014, EV 235/2014
This Act shall enter into force on 1 January 2016.
Any action brought before the entry into force of this Act shall apply to the provisions in force at the time of entry into force of this Act.
THEY 231/2014 , LaVM 34/2014, EV 340/2014
