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The presentation of the Minister for Justice is governed by the Law of 8 April 1983 on the maintenance and rights of the child Article 49 of the ec Treaty , as defined by the Law of 4 March 1994 (186/94) :
Where, when dealing with a matter concerning parental responsibility or rights of access, the court considers it necessary to obtain a report from the Social Board, the court shall defer the case and request an explanation of its The Social Board, where the child has his habitual residence. If the child does not have a place of residence in Finland, the report shall be requested from the Social Board of the municipality where the child resides. If the child does not reside in Finland, an explanation may be requested from the Social Board of the municipality where the child has had his habitual residence in the preceding year. The request shall be accompanied by the necessary information on the application and the proceedings.
When requesting a report, the court shall, where appropriate, indicate the circumstances which must be taken into account in particular in the context of the investigation.
If the Court considers that the report of the Social Board is incomplete, or if new elements have arisen in the context of which further clarification is necessary, the Court may request the addition of an earlier report. Or other explanations.
The court or tribunal shall, on its own initiative, postpone the consideration of the case concerning the custody of the child or the right of access, and shall provide the social committee with an opportunity to be heard, if the court or tribunal considers that it is in the interests of the child or other Reason necessary.
Where, pursuant to Article 15 (2) or Article 39 (2) of the Law on the custody of the child, the court or tribunal decides to hear the child personally, the decision shall state the reasons why the hearing of the child is for compelling reasons. Consider it necessary to resolve the matter.
When a court adopts a provisional order in the case of parental responsibility or rights of access, the decision shall state that the order shall be valid for the duration of the proceedings, pending a decision by the court.
In the case of a child's right of access, the applicant, who does not have a place of residence in Finland, shall grant a free trial to the State without payment of a charge to the State in accordance with the provisions of Article 41 (1) of the Law on the Maintenance of the Child and the Law on Access If the application is deemed necessary by the decision of the Helsinki Court of Appeal or the Supreme Court on the return of the child in the Hague on 25 October 1980, The Convention on civil law ( The Hague Agreement ) Or in a foreign country, recognition or enforcement of a decision on the custody of the child or the right of access.
Where the Ministry of Justice, as a central authority within the meaning of Article 35 of the Law on the custody of the child and of the right of access, or an agent authorised by the Ministry, makes an application mentioned in Article 36 of the Law, a free trial is awarded to the person on whose behalf The Justice Department is working.
When the Helsinki Court of Appeal, pursuant to Article 39 of the Law on the custody of the child, asks the social committee to clarify the opinion of the child, the request must be addressed to the social committee of the municipality, where the child is present. The request shall otherwise be subject to the provisions of Article 1.
In dealing with the issue of the return of the child referred to in Article 30 of the Law on the custody of the child and the right of access to the child referred to in Article 30 of the Law on Access to the Child, the Helsinki Court of Appeal may ask the applicant to obtain from the authorities of the State where the child was immediately before the child. Residence, decision or any other explanation that the removal or retention of a child was not authorised under the Hague Convention if such a decision or statement is made from the State Available.
The Social Committee, which has been requested by the Court in accordance with Article 1, shall cooperate with the social services of the municipalities in which the parent, guardian and guardian of the child is habitually resident, and Where appropriate, with the social committee of the municipality where the person or child referred to above is present.
The Social Committee shall only report on the request of the Court. The Social Board, which has received the request for clarification, shall send a report directly to the requesting court.
When a request has been made by the Social Board for the purposes of Article 6, the social committee must urgently clarify the opinion of the child. The report shall be governed by Article 8 (2).
Where, at the request of the Court of Justice, a social committee makes a statement or is exercising an authority on matters relating to the custody of the child, or in the case of a guardian or exemption, the Social Board shall consult with the guardianship, if that is: Be deemed necessary and, if necessary, request the opinion of the Controllement Board on the organisation of a guardian.
Where the social committee has been informed that the child has been unaccompanied by the death of the guardian, the Social Board shall consult with the persons close to the child and, if necessary, submit to the court an application for And the imposition of a guardian for the child.
When a child, for a reason other than that mentioned in paragraph 1, is permanently under the care of his or her guardian or guardian, the Social Board shall take measures to organise the maintenance of the child by means of an agreement between the parents, or By a court order, where this is deemed appropriate for the best interests of the child. When considering the matter, the social committee must, in particular, take into account the child's own wishes and opinions, as well as the relationship between the child and his parents or other guardians.
Having a child in the custody of a social committee when the child is in imminent danger or in need of urgent care, is provided for in child protection law (683/83) .
Child protection L 683/1983 Has been repealed by L 417/2007 , see Child protection L 417/2007 8 and 9 .
The social committee's voice in the matter of parental responsibility or rights of access and the return of the child is used in accordance with Article 12 of the Social Welfare Act. (1999) Provides.
Where the social committee has established a contract in which the child's care is entrusted to both parents jointly or by one parent, the social committee shall immediately inform the civil service system of the (886/93) Article 11 And the guardianship Board.
When a social committee has established an agreement on parental responsibility or rights of access and the Social Board is aware that the case is pending before a court, it shall send a copy of the contract to the court.
Population data A 886/1993 Has been cancelled. See: On the Population Information System and the certification services of the Population Register Centre 661/2009 25-27 And the VNa Population Information System 128/2010, .
The Ministry of Justice shall enter into force in the Hague Agreement and 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 return of children Convention ( Council of Europe Agreement ) As a central authority:
(1) acting as the receiving and transmitting central authority;
(2) cooperate with the other central authorities of the Council of Europe and the States Parties to the Hague Agreement;
(3) promote cooperation between the competent authorities of Finland;
(4) assist in the organisation and protection of rights of access in accordance with Article 11 of the Council of Europe Agreement and Article 21 of the Hague Agreement; and
(5) take care of the other obligations imposed by the Council of Europe and the Hague Convention.
Anyone in Finland or another State party to an agreement of the Council of Europe has received a decision or a decision relating to the custody or right of access to a child, as referred to in Article 26 of the Law on the Maintenance and Access of the Child §, may ask the Ministry of Justice to take measures to recognise or enforce a decision in another Contracting State.
Person, institution or other institution whose rights of parental responsibility have been infringed by unlawfully removed or unlawfully removed from the child, as provided for in Article 30 and Article 32 of the Law on the custody of the child , may request the measures of the Ministry of Justice to recharge the child pursuant to the Hague Agreement.
The request referred to in paragraphs 1 and 2 may also be made by a central authority of the Council of Europe or of a State party to the Hague Agreement.
A request to the Ministry of Justice, referred to in Article 15, shall be made in writing.
The request for recognition or enforcement of a decision on the custody or right of access to a child shall be accompanied by:
(1) the decision as original or certified copy;
(2) where the decision has been issued against the person concerned, the original or certified copy of a document indicating the manner, place and date of service, the place and the date and the name of the person to whom the document was submitted;
(3) a proxy which entitles the Central Authority or its representative to act on behalf of the applicant;
(4) where necessary, a document demonstrating that the decision may be implemented in the State in which it was issued;
(5) a declaration of the whereabouts of the child, if possible; and
(6) a certified translation into one of the languages mentioned above in a language other than Finnish, Swedish or English, unless the Ministry of Justice admits this derogation.
The request for the return of the child shall include:
(1) personal data and other information necessary for the identification of the applicant and of the child and of the person who is alleged to have taken the child away or not returned him;
(2) criteria for the applicant to rely on the return of the child;
(3) information on the date of birth of the child, if available; and
(4) all available information on the whereabouts of the child and the person assumed to be with the child.
The request for the return of the child shall be accompanied, where appropriate, by:
(1) a decision or an agreement or a certified copy thereof;
(2) a certificate or statement by the central authority of the Member State of habitual residence of the child in the child's place of residence, or by an expert, or an explanation of the contents of that State's right; and
3) other relevant documents and reports.
If the application or the accompanying document is drawn up in a language other than the Finnish or Swedish language, the application shall be accompanied by a certified translation into the language mentioned above, or if it would cause difficulties in the English language, Unless the Ministry of Justice admits this derogation.
The decision on the decision to apply to the Helsinki Court of Appeal shall be accompanied by the documents referred to in Article 17 (1) and (2).
An application for confirmation that a decision adopted in a foreign country is enforceable in Finland shall also be accompanied by a statement that the decision may be implemented in the State in which the decision was adopted.
Where an application concerns the recognition of an agreement or a grant of a non-compliance with an authority, the application shall be accompanied by a statement that the said measure is legally valid in the State in which the child had an agreement Or, during the issuing of the order, place of residence. In addition, if the application concerns enforcement, the application shall be accompanied by a statement that the contract or provision is enforceable in that State.
The application for the return of a child to the court of appeal shall be accompanied, where appropriate, by the documents referred to in Article 18 (2).
Where the child's custody information is reported to a significant population information system on the basis of a decision on parental responsibility in a foreign country which has not been confirmed by the Helsinki Court of Appeal, the notification shall be accompanied by: A statement referred to in Article 19 (1) and any other necessary clarification required by the registry office or by a clerical authority. Where the notification is based on an agreement or order within the meaning of Article 23 (3) of the Law on the Maintenance of the Child and the Law on Access, the notification shall be accompanied by a statement that the contract or order is legally valid in the State where: The child was habitually resident during the conclusion of the contract or the issuing of an order.
The Ministry of Justice may refuse to grant the assistance provided for in the Agreement of the Council of Europe and the Hague Convention and in this Chapter if:
(1) it is clear that there are no conditions for the granting of aid under those agreements; or
(2) if the request refers to a decision on a right of access in Finland and it is clear that the Finnish court is not competent or that the application cannot be accepted by Finnish law.
The applicant or, where the application has been made through a central authority of a foreign country, shall be notified immediately to the central authority.
The Ministry of Justice confirms the formula of the contract referred to in Article 7 of the Law on the custody of the child and the right of access.
The Social Boards will receive the contract forms free of charge from the Pressure Centre O.
The Ministry of Justice shall, if necessary, give more detailed guidance on the implementation and application of the Regulation.
This Regulation shall enter into force on 1 August 1994.
This Regulation repeals the Regulation of 18 November 1983 on the maintenance and rights of the child (1888/83) .
