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In accordance with the decision of the Parliament:
Court judgment and provisional order ( Decision ) The maintenance of the child and the right of access shall be implemented in accordance with the provisions of this Act. The provisions of this Act concerning the implementation of the decision on the custody of the child shall also be complied with in the implementation of the decision of the Court of Justice and the provisional order on whom the child shall live and the decision on the surrender of the child For his guardian.
Agreement with the municipal institution referred to in Article 6 of the Social Welfare Act ( Social welfare authority ) Have established, in accordance with Article 8 of the Law on the custody of the child and the right of access, to be implemented in accordance with the order of the Court of Justice, such as the judgment of the Court of Justice.
The provisions of this Act concerning the implementation of a decision on parental responsibility or rights of access are also complied with for the purpose of applying for the transfer of a child to legal custody or the enforcement of a right of access if the child is in the care of someone other than that of the child, Where the guardian, the right of access, or any other legal basis, is entitled to hold a child, even if the person in which the child is in the care of the child is not a decision or an agreement within the meaning of paragraphs 1 or 2. However, the release of a child cannot be claimed under Article 4 (2) from the bailip.
Article 33 provides for the implementation of the decision and the order for the return of the child in a foreign country.
If the child has been 12 years old, the child's will must not be implemented. In addition, implementation must not take place against the will of a child of 12 years younger if the child is so advanced that attention can be paid to his will.
All measures against the child must be carried out with the utmost discretion and without upsetting the child.
If an extraction or other measure is not possible due to a child's illness, a state of shock or any other reason, it must be postponed.
The competent courts in the field of enforcement shall: In Chapter 10 of the Court of Justice .
The enforcement of a child's custody decision may be applied to the court of origin rather than the court of origin of the child, if less than three months have elapsed since the adoption of the decision on maintenance.
An application for enforcement shall be made in writing. The application shall be accompanied by a copy of the decision as the original or certified by the issuing authority.
Notwithstanding the provisions of the referral Article 22 of Chapter 10 of the Court of Justice , the case may also be transferred from the competent district court to another competent district court if it is manifestly more appropriate to deal with it. The matter shall not be transferred back unless the new specific reasons require it.
Where implementation is The Court of Justice, Chapter 10, In accordance with Article 32 (2) of this Law, the applicant for the applicant's domicile or habitual residence, or from the Helsinki District Court, is required to request assistance from the police in order to ascertain the whereabouts of the child and the applicant. If a second district court is also found to be competent, the matter may be transferred in accordance with paragraph 1 of this Article. However, until the matter has been transferred, the district court must take action under this law.
Upon receipt of an application to the District Court, it shall issue a person named pursuant to Article 9 ( Mediator ) To arrange for mediation in this case. For the reasons stated, the district court may order another suitable person to mediate. Where appropriate, the mediation function may be given to two or more conciliators.
Mediation may not be submitted if:
(1) the best interests of the child require that the decision should be implemented immediately;
(2) Whereas, on the basis of mediation in the past, it is obvious that mediation is inconclusive; or
(3) less than three months after the adoption of a decision on maintenance, unless there is a specific reason for the organisation of mediation.
The purpose of the conciliation is to promote the joint action of the parties concerned in order to achieve the well-being of the child, as required by the decision to be implemented.
The mediator shall immediately contact the parties concerned. He shall seek to organise a joint consultation among the parties concerned.
The mediator shall personally discuss with the child if it is possible to consider the age of the child and the level of development. The debate must seek to clarify the wishes and opinions of the child, as provided for in Article 11 of the Law on the Maintenance and Access of the Child.
The district court may provide the mediator with more detailed instructions.
The mediator shall, in the time prescribed by the District Court, submit a report to this effect on the measures to which he has taken. Without a compelling reason, a period of four weeks should not be allowed. However, at the reasoned request of the mediator, the district court may extend the time limit for the conciliation.
If the conciliation has not resulted in a result, the report shall, objectively and truthfully, raise the facts which may be relevant in order to resolve the matter. However, if, after obtaining the report of the mediator in the implementation of the right of access to the right of access, the extension of mediation is of the opinion that the continuation of mediation contributes to the cooperation of the parties concerned, it may, without providing for the enforcement order, order the mediator to continue Conciliation. The mediator shall then issue a new report to the District Court within the time limit laid down in paragraph 1.
If the district court considers that the mediator's report is incomplete, or if new elements have arisen in the context of which it is necessary to complete the report, the mediator shall, in the time prescribed by the right of the district court, supplement the Of its report.
The mediator shall have the right to a law on the status and rights of the customer (812/2000) And Article 20 (1), and the assistance referred to in Article 22. The confidentiality obligations of the mediator and other confidential information are in force in accordance with Chapter 3 and Article 27 of that Act. The mediator shall include in his report any confidential information which he or she considers to be necessary for the best interests of the child in the event of a court ruling within the meaning of this law. (22.9.2000)
The Social Services Authority shall designate a sufficient number of persons to carry out the mediation tasks referred to in Articles 6 to 8 of this Code by the municipality. As a mediator, only a person familiar with psychological, psychiatric or social work or child protection can be designated as a mediator. Notification and cancellation shall be notified immediately to the District Court.
Save as otherwise provided in this Act, the proceedings before the Court of Justice shall be governed by the provisions of the application.
The appeal against a decision of the District Court shall immediately be sent to the Court of Appeal and the Court of Appeal shall immediately decide whether to suspend the execution, as provided for in Article 28. The matter must be dealt with as a matter of urgency at any legal level.
The court or tribunal may hear, as appropriate, the provisions of Article 11 and Article 15 (2) of the Law on the Maintenance and Access of the Child.
If the case is dealt with at a court hearing, the mediator shall be invited to appear before the hearing.
When it is necessary to clarify the matter, the court or tribunal shall obtain the opinion of the State or local authority and consult the persons who may provide information. A person to be heard by a court may express the information provided or ordered to be kept secret if the information has been or could have been taken pursuant to Article 8 (4) to the mediator's report. The issue of public access to justice is in force on the basis of the law passed by the public courts in general (190/2007) Provides. (30.3.2007/3)
The court may also order that the child be examined by a doctor or other expert appointed by the social services authority. In order to comply with the order, the obligation to be imposed on the guardian shall apply mutatis mutandis to the provisions of the Law on certain aspects of blood and other inherited characteristics (20,21) Provides.
See: On the implementation of the decision on parental responsibility and rights of access 729/1996 Articles 8 and 13. L of certain studies on blood and other inherited properties 702/75 Has been abrogated with the legal genetic paternity test L 378/2005 .
At the request of the court, the court may, for the duration of the proceedings or otherwise temporarily or in a minor extent, amend or specify the conditions of access if it contributes to the exercise of the right of access and is in the best interests of the child. Conditions shall be changed permanently only if the decision to be implemented is final.
The district court shall reject the application if, for reasons of change in circumstances or any other reason, it is manifestly contrary to the best interests of the child.
However, if the application concerns the transfer of a child to legal custody pursuant to Article 1 (3), the district court may reject the application only:
(1) where the child has been admitted with the consent of the guardian and it is reasonable to assume that the child's surrender of the child may be contrary to the best interests of the child, having regard to the duration of the relationship, the relationship between the child and the caretaker; and The quality of the relationship between them; or
(2) where, for reasons other than those of the child's best interests, it is necessary to bring the matter of parental responsibility to the court.
In its decision, the district court shall mention the reasons underlying the rejection.
Where, pursuant to paragraph 1 or 2, the district court has rejected an application, the custody of the child or the right of access to the child or the issue of the child's extradition may be brought before a court by an applicant or a social committee by way of an application for the child's care. And the Law on Access, unless the case is already pending before a court. The applicant's counterparty may also initiate proceedings. The district court shall inform the parties and the social committee of the right of initiation. If the case is already pending before a court, the district court shall inform the court of its decision.
Where the court decides that a decision on parental responsibility must be implemented, the applicant's party shall be obliged to surrender the child to the applicant.
Enforcement may be imposed either in such a way as to oblige the other party to surrender the child under threat of a fine or to the effect that the child is ordered to be collected.
The decision on the right to meet shall be implemented by requiring the applicant of the applicant to allow meetings between the child and the applicant and to take other measures to implement the meetings as provided for in the implementing decision.
Enforcement may be imposed in such a way as to oblige the applicant's counterparty to comply with the fine laid down in the decision.
However, the execution of the right of appointment may also be imposed in such a way that the child is ordered to be retrieved if it is likely that the meeting would otherwise be missed, and, if so, very heavy in the interests of the child. Reasons.
When imposing a decision on maintenance and access rights, the Court may, in addition to the obligations set out in Articles 15 and 16:
(1) order that the applicant or the applicant of the applicant must not change the whereabouts of the child or place the child in the care of the child outside the home;
(2) order the applicant to be in contact with the arrival of the child;
(3) order the applicant to indicate before the date of the meeting or of the nature of the nature of the nature of the nature, if he is prevented from meeting or holding a child;
(4) in implementing the right of access, order the applicant to deposit his/her own and the child's passport in the custody of the bailiff;
(5) order the applicant's counterparty to disclose the whereabouts of the child;
(6) oblige the applicant or the applicant's counterparty to otherwise do something or prohibit them from doing something; or
(7) provide any other applicant or counterparty with binding provisions necessary to ensure enforcement and to protect the best interests of the child.
The obligations to safeguard the enforcement are imposed on pain of a fine. However, the obligation imposed on the applicant may also be imposed on the risk that the enforcement order based on the court's enforcement order lapses.
The implementation of this Law shall not be able to decide on precautionary measures Article 3 of Chapter 7 of the Court of Justice Basis.
The periodic penalty payment shall be fixed at a fixed amount.
However, for specific reasons, the periodic penalty payment may be imposed in such a way that the amount of the periodic penalty is determined by the consumption of time. (running penalty payment) . The periodic penalty payment shall be imposed on the periodic penalty payment of the periodic penalty payment and a further instalment of each of the periods to be declared in the decision ( Defiance period ) During which the decision has not been complied with. A periodic penalty payment may also be imposed on a periodic penalty payment for each time the decision has not been complied with. A periodic penalty payment may be imposed for a period not exceeding six months from the date of establishment.
The Court of Justice shall immediately inform the person concerned of the obligation and periodic penalty payment.
The new periodic penalty payment shall not be imposed unless the question of the sentencing of the previous periodic penalty has been processed and the period for which the periodic penalty payment has been imposed have not ended.
If the party concerned does not respect what he is obliged to do, the court may, upon application by the defendant, condemn the penalty payment, even if the decision to impose a penalty payment would not be legal. If the child is ordered to be retrieved, the bailiff may also apply for the payment of a periodic penalty payment to ensure the recovery of the penalty payment and the imposition of a new penalty payment.
Before the imposition of the penalty payment, the party concerned shall be given an opportunity to be heard. The penalty payment shall not be passed on if the party appears to have had a reason for not complying with the obligation, or if the obligation has been fulfilled before the judgment was issued.
The imposition and sentencing of a periodic penalty payment as referred to in this Act shall apply, mutatis mutandis, to the (1113/90) Article 8, Article 11, Article 12 (2) and Article 13.
In addition to the provisions of Article 22, the non-profit-making man shall be implemented where the court has ordered the child to be collected or issued an order referred to in Article 25 (1) or any other provision of that law, unless: The implementation of this law or of a court order does not belong to the party concerned. Article 19 provides for the application of a periodic penalty payment.
Unless otherwise provided for in this Act, the implementing measures shall be valid, where applicable, for the implementation of the judgment or the decision, as well as for costs and appeals.
Where a bailiff decides on the implementation of maintenance pursuant to Article 4 (2), he shall have a child, unless the decision is taken on a voluntary basis.
However, if the bailiff considers that implementation would require a periodic penalty payment instead of an extraction, he must refer the case to the District Court referred to in Article 4 (1). Similarly, he shall proceed if circumstances have changed since the adoption of the decision and may be relevant to the implementation, or if there is a particular reason why mediation should be organised or if there is another legitimate reason for the transfer.
When the bailiff moves the case, he shall indicate the reason for the transfer.
A person who has delivered a mediation under this law shall, after having ordered the child to be collected by the court, continue to promote the joint action of the parties and to support the child.
A person who has submitted a mediation in accordance with this law or a representative of the social services authority shall be present. The mediator or the representative of the social services shall request a person who is available to the child and, where appropriate, be accompanied by a doctor or other expert.
At the risk of terminating the court's enforcement order or the application of Article 22, the bailiff may oblige the applicant to attend the arrival of the child.
When it is necessary to assume that the child is to be exported from one country to another, or if it is otherwise urgent, the court or tribunal responsible for enforcement may implement the decision on maintenance To ensure that the child is placed on a temporary basis by the social services authority, in order to ensure that the child is temporarily owned or maintained by the State, the municipality or the consortium, or other appropriate treatment or On interim measures for the enforcement of Article 17 ( Temporary security measure ).
In the case referred to in paragraph 1, in the case referred to in paragraph 1, where there is no possibility of asking the court to order the matter, the enforcement officer or the police authority may, at the request of the guardian, enforce the decision on parental responsibility In order to ensure that the child is immediately taken over regardless of whether an enforcement order under this law is pending. The Child Welfare Office shall then place the child in accordance with paragraph 1.
The enforcement officer or the police authority shall immediately inform the court or tribunal referred to in paragraph 2 of the measure referred to in paragraph 2 or, where the enforcement case is not pending before a court, the District Court, whose jurisdiction The procedure has taken place. The court shall, as soon as possible after the arrival of the notification, provide for interim protective measures in accordance with paragraphs 1 and 4, or for a measure to be withdrawn. The bailiff or the police authority shall also immediately inform the bailiff referred to in paragraph 2 of the application for an enforcement application in accordance with Article 4 (2).
A provisional safeguard measure imposed by the Court of Justice under paragraphs 1 and 3 shall remain in force until a decision has been taken in the field of enforcement. However, where a case of enforcement is not pending before a court in the case of a temporary security measure pursuant to Article 3 (3), the precautionary measure shall be valid only for a maximum period of one week. A temporary security measure shall be ordered immediately to be withdrawn when there is no longer any reason to do so.
The penalty payment of a penalty to be payable under this law shall be charged and fined for the purposes of the law on the application of the fine (2006) In accordance with the order. However, no conversion shall be imposed on the periodic penalty payment unless the reasons are very heavy. If no conversion has been imposed, the recovery of the fines which have been modified shall be continued by means of enforcement.
The proceedings of the issue of parental responsibility and rights of access shall not prevent the implementation of the decision, unless the implementation of the decision has not been prohibited or ordered to be suspended, or in the absence of any new maintenance or appointment. An enforceable decision or an interim order.
The issue of child custody and rights of access and enforcement in accordance with this law cannot be dealt with in the same trial.
The decision on the enforcement of the law referred to in this Act may be implemented immediately, even if the decision has not received the force of the law, unless otherwise provided for by the decision or the Court of Appeal, where applicable, The enforcement law provides for a suspension of enforcement as a result of an appeal against an enforcement action. However, the enforcement of a periodic penalty payment shall not be allowed to be sold until the decision on which the penalty payment is to be passed is valid.
Where the bailiff is ordered to collect the child, the court shall, if its decision is enforceable, shall, at the request of the applicant, submit a decision to the enforcement officer concerned and to request that it be implemented.
An appeal shall not be brought against the decision:
(1) the case has been transferred pursuant to Article 5 or Article 22 (2);
(2) the application was rejected pursuant to Article 14;
(3) Article 25 provides for the temporary establishment of a child or the imposition of a periodic penalty payment; or
(4) the conditions for access to meetings are subject to Article 13, for the duration of the proceedings or otherwise temporarily.
However, the decision by which the court has ordered the child to be placed or amended the conditions governing the right of access may, however, be on the deck. There is no time limit for complaint.
Compensation to witnesses and experts consulted by the Court of Justice, compensation to the doctor or any other expert in accordance with this law, as well as the costs of conciliation and of the child referred to in Article 25 Is paid out of state resources.
In accordance with Article 12 (3), the costs of the travel and subsistence expenses incurred by a doctor or other expert, as referred to in Article 12 (3), shall also be paid in advance, as appropriate, in accordance with the provisions of that provision. The provisions of that law.
The mediator shall have the right to a reasonable fee, based on the scale and scale of the State resources, and the compensation for the necessary costs. The decree of the Ministry of Justice provides for more detail on the measures for which the premium is paid, the amount of the premium, the expenses to be reimbursed, and for the reasons for the issue and arbitrators on the basis of which the premium may be increased or reduced. (19/122008/931)
The compensation and costs referred to in this article are to the detriment of the State.
At the request of the bailiff, the social services authority shall provide the necessary administrative assistance to carry out the implementation.
At the request of the court or the bailiff, the police authority must provide assistance in order to ascertain the whereabouts of the child and of the child and to ensure the enforcement of the decision.
In Norway, Sweden and Denmark, the decision on the custody and right of access to the child is laid down in the law on the recognition and enforcement of Nordic judgments in the field of civil law (588/77) In accordance with Articles 8 and 12, in accordance with this law. Similarly, the decision on parental responsibility referred to in Article 10 (1) of the Treaty on the recognition and enforcement of judgments in Iceland, Norway, Iceland, Norway, Sweden and Denmark shall also be implemented.
In Finland, a decision adopted in a foreign country enforceable in Finland is implemented in accordance with Article 45 of the Act on the Maintenance of the Child and the Law on Access, in the case of a child in a State other than that provided for in paragraph 1. The decision on the decision on maintenance and meeting rights, or on the decision on the custody of the child and the decision on the custody of the child, in which the removal or retention of the child has been found to be unauthorised.
The order for the return of the child referred to in Article 30 of the Law on Child Welfare and Access is implemented in accordance with Article 46 of that Law.
Where a decision on custody and access to a child in another Member State of the European Union is a decision on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and Regulation (EC) According to Council Regulation (EC) No 2201/2003 repealing Regulation (EC) No 1347/2000, implementation is carried out in accordance with this law. The implementation of such a decision shall not apply to paragraphs 1 and 2. (21.12.2004)
More detailed provisions on the implementation of this law shall be adopted by the Regulation.
This Act shall enter into force on 1 December 1996. At the same time, the Act of 4 July 1975 on the implementation of the decision on the maintenance of the child's custody and rights of access (523/75) With its subsequent modifications. If any other law refers to the latter law, it must instead apply this law.
Before the law enters into force, action can be taken to implement it. Transitional provisions are laid down separately.
THEY 96/95 , LaVM 7/96, EV 101/96This 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 October 2002.
THEY 218/2001 , LaVM 9/2002, EV 72/2002
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 October 2007.
THEY 13/2006 , LaVM 24/2006, EV 269/2006
This Act shall enter into force on 1 February 2009.
THEY 103/2008 , LaVM 12/2008, EV 142/2008
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
