About The Hague Convention On Jurisdiction, Applicable Law, Recognition, Enforcement And Cooperation In Respect Of Parental Responsibility And Measures For The Protection Of Children

Original Language Title: Par Hāgas konvenciju par jurisdikciju, piemērojamiem tiesību aktiem, atzīšanu, izpildi un sadarbību attiecībā uz vecāku atbildību un bērnu aizsardzības pasākumiem

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
 
The Saeima has adopted and the President promulgated the following laws: The Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of the child, article 1. 19 October 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children (hereinafter referred to as the Convention) with this law is accepted and approved.
2. article. In accordance with article 29 of the Convention, the first part of the functions of the central authority in Latvia national child rights protection centre.
3. article. In accordance with article 34 of the Convention, the second part of this article the request provided for in the first subparagraph to the competent authorities of Latvia shall be deposited with the central authority.
4. article. In accordance with article 40 of the Convention, the third part, a certificate certifying the parental responsibility or provide entrusted with the child's or his or her property, issued by the family courts and pagastties.
5. article. In accordance with article 54 of the Convention, the second part of Latvia does not accept notices in French.
6. article. In accordance with article 55 of the Convention the first part of the Latvian authorities to take protective measures with regard to the property of a child situated in Latvia.
7. article. (1) in accordance with article 45 of the Convention, the first paragraph shall inform the Ministry of Foreign Affairs, the Hague Conference on private international law Permanent Bureau of Latvia notification according to article 29 of the Convention the first part.
(2) in accordance with article 45 of the Convention, the second part of article 60 and the first part of the Ministry of Foreign Affairs shall notify the Government of the Kingdom of the Netherlands on the Declaration and the reservations under article 34 of the Convention, the second subparagraph of article 54, second paragraph, and article 55, first paragraph.
8. article. With the law put the Convention in English and its translation into Latvian language. The law shall enter into force on the date of its promulgation.
9. article. The Convention shall enter into force on its 61 period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
The Parliament adopted the law of 17 October.
The President of the Parliament instead of the President j. stream in Riga 2002 31 October editorial comment: the law shall enter into force on 31 October 2002.
 

 
The Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, the signatory States of this Convention, recognizing the need to improve the protection of children in situations that involved several countries, wanting to prevent a conflict of national systems with regard to jurisdiction, applicable law, recognition and enforcement in relation to measures for the protection of children, calling attention to the importance of international cooperation in the field of the protection of children stating that the interests of the child must be in the first place, stating that it is necessary to review the 5 October 1961, the Convention on the authorities and the law applicable in respect of the protection of children, wishing for that purpose, to introduce common rules, having regard to the United Nations on 20 November 1989, the Convention on the rights of the child, have agreed upon the following provisions: chapter I scope of the Convention article 1 1 the objective of this Convention is — (a)) to determine the country , which is under the jurisdiction of the authorities to take measures the child's person or property;
b) determine which law said authorities must apply in the exercise of its jurisdiction;
(c)) to determine the law applicable to parental responsibility;
(d)) to provide such protection and the recognition and enforcement of measures in all Contracting States;
e) to introduce between the contracting national authorities cooperation that may be necessary for the attainment of the objectives of this Convention.
2. for the purposes of this Convention, the term "parental responsibility" is the parental or other similar accountability relationships that define the parent, guardian or other legal representative rights, powers and duties relating to the person or property.
 
Article 2 of the Convention applies to children from birth to 18 years of age.
 
3. Article 1 of the Convention, the measures referred to in article may concern in particular: (a) the taking of parental responsibility), exercise, expiration or limitation, as well as its delegation;
(b) of the law, including custody) rights related to child care, and in particular the right to determine the child's place of residence, as well as the right to meet with the child, including the right to determine the time to attend to the child in a place other than the child's habitual residence;
(c)), monitoring and care for similar legal arrangements;
(d)) the designation and functions of any person or body that is responsible for the child's person or property, representing or assisting the child;
(e) placing the child in audžuģimen) or care institution or care provided by kafal or similar institution;
(f) public monitoring of the authorities) in respect of the persons responsible for the implementation of child care;
(g)) the child's property the Administration, conservation or disposal.
 
Article 4 this Convention shall not apply to — (a)) the parent-child relationship in the establishment or contestation;
b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;
(c) the child's surname and first name);
d) freedom from parental responsibility;
(e) the obligation to maintain);
f) trusts and inheritance;
g) social security;
h) general public measures in matters of education or health;
I) measures taken in connection with children's offences committed;
j) decisions on the right of asylum and on immigration.
 
Chapter II jurisdiction article 5 1 of the person and property of the child. protection measures is the Court of the Member State or the regulatory authorities of the jurisdiction in which the child is habitually resident.
2. If the child's habitual residence changes, moving to one of the other Contracting State, then, pursuant to article 7, the jurisdiction of national authorities is a new residence.
 
6. Article 1. refugee children and children who, due to their ongoing disarray in the country have moved to another country, article 5 jurisdiction provided for in the first subparagraph is of the contracting authorities, in the territory of which the children found after such movement.
2. The previous paragraph also apply to children whose habitual residence cannot be established.
 
Article 7 1. If a child has unlawfully abducted or detained, the authorities of the Contracting State in which before the removal or retention was the habitual residence of the child shall retain their jurisdiction until the child has acquired habitual residence in another country and a) while any person, institution or other body with oversight rights not in the removal or retention; or (b)) while the child in another country is not lived at least one year from when the person, institution or other body with oversight rights have learned the location of the child or when they had to know the location of the child, if there are no pending request for recovery lodged within that period, and as long as the child is not used to the new circumstances.
2. the child's removal or retention is considered illegal if it violated a) custody rights, which the person, institution or other body jointly or separately granted in accordance with the law of the country in which the prior to the abduction of the child was habitually resident; and (b)) at the time of removal or retention those rights individually or jointly were actually implemented, or else they would be implemented, if this had not occurred in the removal or retention.
Those parts referred to in paragraph (a)) custody rights may arise in particular, applying the law, or the Court or the administrative authorities decisions or by agreement, which, in accordance with national legislation, have legal force.
3. As previously referred to in the first subparagraph, the authorities keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he is detained, may, in accordance with article 11 to perform only urgent measures necessary for the child's person or property.
 
8. Article 1 of the Member State authority which has 5 and 6 in the jurisdiction provided for in article 1, in exceptional cases, if it considers that the other Contracting State, the authority, where appropriate, to better protect the interests of the child, may either — directly or through its national central authority to request that other authority take over jurisdiction of the protective measures which it considers necessary, or — suspend the proceedings and request the parties to submit the request to the authority of that other State.
2. the Contracting States whose authorities may be addressed as provided in the preceding paragraph, is a) the country where the child is a citizen of the country, b) where property of the child is located, c) a country whose institutions have been submitted for the child's parents divorce or legal separation, his or her application for a marriage annulment, d) country with which the child has significant links.
3. The authorities concerned may exchange views.
4. the authority, which rotates according to the first subparagraph, they may take over the jurisdiction of the authority that it is in accordance with articles 5 and 6, if it considers that such a takeover is in the best interests of the child.
 
Article 9

1. If article 8 referred to in the second subparagraph, contracting authorities consider that the case they could better protect the child's best interests, they may either, directly or through the national central authority to ask the Contracting State in which the competent authority is the habitual residence of the child permission to exercise jurisdiction such measures as they deem necessary, or — invite the parties to submit such a request to the authority of the Contracting State where is the child's habitual residence.
2. Appropriate authorities may exchange views.
3. the requesting authority may exercise the jurisdiction of the Contracting State in which the place of the habitual residence of the child only if the latter authority has accepted the request.
 
10. Article 1. Without prejudice to article 5 to 9, the contracting authorities exercising jurisdiction to decide on the child, who is of any other Contracting State residents, parents divorce or legal separation, or their application for marriage annulment, this can make the person or property of the child protection measures, if provided for by the legislation of that State and if the proceedings were a) during one of the children permanently resident in that country, and if one of them belongs to the parental responsibility for a child and (b)) for the jurisdiction to take such measures is recognised by the parents or the person who holds parental responsibility for the child, and if such action is in the best interests of the child.
2. the jurisdiction provided for in the first subparagraph to take measures for the protection of the child ceases as soon as the entry into force of the decision are satisfied or rejected the application for divorce, legal separation or marriage annulment, or where the proceedings are terminated for any other reason.
 
11. Article 1. in all cases of urgency, of jurisdiction to take any necessary protective measures are the authorities of a Contracting State in whose territory the child or property of the child.
2. Measures relating to a child who is a resident of a Contracting State, shall be carried out in accordance with the previous paragraph of this article shall, as soon as the authorities which have 5 to 10 in the jurisdiction provided for in article, have taken the appropriate measures.
3. Measures under the first paragraph of this article, the Contracting States undertake for a child who is a resident of a third country shall expire as soon as the relevant Contracting State has recognized the measures necessary under the circumstances and by the authorities of the third country.
 
Article 12 1. subject to article 7, the authorities of the Contracting State in whose territory the child or property of the child have jurisdiction to take such preventive measures the child's person or property, which is territorially limited only by that State's territory, unless such measures are compatible with the measures already taken by authorities which have 5 to 10 in the jurisdiction provided for in article.
2. Measures relating to a child who is a resident of a Contracting State, shall be carried out in accordance with the previous paragraph of this article shall, as soon as the authorities which have 5 to 10 in the jurisdiction provided for in article, have adopted a decision on protective measures which may be necessary in the circumstances.
3. Measures under the first paragraph of this article, a Contracting State in respect of a child who is habitually resident in a third country shall expire as soon as the relevant Contracting State has recognized the measures necessary under the circumstances and by the authorities of the third country.
 
Article 13 1. Contracting authorities which have jurisdiction under articles 5 to 10 have to take measures the child's person or property, must not be put in this jurisdiction, where at the time of the request to take appropriate measures is presented in another Contracting State authorities, which are 5 to 10 in the jurisdiction provided for in article, and does not implement the request or during the examination of the submission.
2. The provisions of the preceding subparagraph shall not apply if the authorities originally filed a request to take action, have refused to exercise their jurisdiction.
 
Article 14 according to article 5 to 10 measures in force them down time, even if the circumstances change-is-lost grounds of jurisdiction, and they are valid, as long as the authorities which have jurisdiction under this Convention, the relevant measures are not modified, replaced or given up.
 
Chapter III applicable law article 15 1. Chapter II of the present Convention, the jurisdiction provided for in the authorities of the Contracting States apply its national law.
2. If it is necessary for the child's person or property, then in exceptional cases, however, these authorities may apply or take into consideration the law of another country with which the situation has a substantial connection.
3. If the child's habitual residence changes, moving to one of the other Contracting State, then the previous country of residence subsequent to the implementation of the measures taken shall be governed by the law of another country.
 
16. Article 1. Parental responsibility or the ending, based on the legislation and without judicial or administrative authorities of involvement, are governed by the country of residence of the child law.
2. Parental responsibility or the expiry of the basis of an agreement or a unilateral transaction and without judicial or administrative authorities of involvement shall be governed by the law of the country in which the contract or transaction, at the time of the entry into force of the child's habitual residence.
3. Parental responsibility which exists under the child's habitual residence, the law continues to exist after the change of residence, moving to another country.
4. Change the child's habitual residence, how parental responsibility based on law, you get people who do not have such responsibility is governed by the new country of residence.
 
Article 17 the exercise of parental responsibility is governed by the country of residence of the child law. Change the child's habitual residence, such implementation is governed by the new country of residence.
 
Article 18 of the Convention referred to in article 16 may be terminated parental responsibility and its implementation conditions may be modified by taking the measures provided for in this Convention.
 
19. Article 1 was not to challenge the validity of transactions concluded by a third party, and any person who, under the national contract laws would be entitled to act as the legal guardian of the child, and the third party cannot be held responsible only for the reason that, in accordance with this section contains legislation of the other party of the transaction was not entitled to act as the child's legal representative, except When the third person knew or should have known that the parental responsibility are governed by that law.
2. the preceding paragraph of this article shall apply only where the transaction entered into between persons located in the same national territory.
 
Article 20 the provisions of this chapter shall also apply where the legislation is specified in the law of a third country.
 
21. Article 1 of this chapter the term "law" means the national law in force, except for the provisions on the right to choose the legal system.
2. Where, in accordance with article 16 of the law applicable is the law of a third country and if these national provisions on the right to choose the right system to point to any other third country, which could apply its own legislation, however the latter apply national legislation. If this other third country would not be able to apply its own legislation, the legislation specified in article 16.
 
Article 22 of this chapter, to waive the application of the legislation specified can only if such application would be clearly contrary to public policy, taking into account the best interests of the child.
 
Chapter IV recognition and enforcement article 23 1. Application of the law of the Contracting States shall accept any other authorities of a Contracting State of the measures taken.
2. recognition may however be refused – a) if measures by the authority in whose jurisdiction is not determined one of the grounds provided for in chapter II;
(b)) if — except in cases of urgency — made in connection with judicial or administrative proceedings, do not give the child an opportunity to be heard, and contrary to the procedures of the requested State the guiding principles;
c) after request, which argues that the measure infringes on its parental responsibility, and if the measure — except in cases of urgency — made without giving that person an opportunity to be heard;
d) if such recognition is contrary to the clear State requested policies, taking into account the best interests of the child;
e) if measures is incompatible with a later measure taken in a third country in which the child is habitually resident, and if such a later measure taken corresponds to the requested State requirements for recognition;
(f) if not respected) 33. the procedure provided for in article.
 
Article 24

Without prejudice to the first paragraph of article 23, any interested party may request the Contracting State the competent authorities to decide on in another Contracting State of the measures taken recognition or non-recognition. Procedure is governed by the laws of the requested State.
 
Article 25 of the requested national authority is bound by the findings of fact on which his jurisdiction is justifying its national authority in which the measure has been made.
 
Article 26 1. If a Contracting State and enforceable in that country taken measures is to be enforced in another Contracting State, the request of the person concerned, such measures in the respective other country declared enforceable or registered for the purposes of enforcement pursuant to the procedure provided for in the legislation of the said State.
2. any Contracting State to the enforceability or registration a simple and rapid applied procedure.
3. the Declaration of enforceability or registration may be refused only on the basis of any of the article 23 referred to in the second paragraph of the reasons.
 
Article 27 without prejudice to any revisions that may be required for the application of the previous article, the nature of the measures taken do not change.
 
Article 28 measures taken in one Contracting State in the other Contracting State and declared enforceable, or registered for the purposes of enforcement, the last execution in that country as it would be taken by the authorities in that State. Enforcement shall take place in accordance with the laws of the requested State and, to the extent as provided for in these laws, taking into account the best interests of the child.
 
Chapter v co-operation article 29 1. Contracting States shall indicate the Central Authority fulfils the obligations imposed by this Convention to such institutions.
2. Federal States, States with more than one system of law or States with autonomous territorial units shall be entitled to specify more than one central authority and to specify the functions of the territorial and personal character. If the public has indicated more than one central authority, it shall provide the central authority that can address all communications to be forwarded to the appropriate central authority of that State.
 
Article 30 1. to achieve the objectives of this Convention, the central authorities shall cooperate and promote cooperation between their competent national authorities.
2. in the context of the application of the Convention shall take appropriate measures to provide information on their national laws and existing services, related to the protection of children.
 
Article 31 the central authority of the Contracting State, either directly or through the public authorities or other bodies, shall take appropriate measures to facilitate the communication of a) and proposed to the Convention article 8 and 9 and the assistance provided for in this chapter;
(b) through mediation, reconciliation) or similar means, promote mutually acceptable solutions to the child's person and property protection cases covered by the Convention;
(c)) after the other Contracting State, the competent authority, on request, provide assistance in locating the child, if the child is known to be in the territory of the requested State at the request of and that he might have needed help.
 
32. article after a substantiated request by a Contracting State, the central authority or other competent authority with which the child has a substantial connection, the child's habitual residence and location of a Contracting State, the central authority can either directly or through public authorities or other bodies, a) to provide a report on conditions of the child;
b) request their own national competent authority to decide on the need to take measures for the child's person or property.
 
Article 33 1. If the authority, which is 5 to 10 in the jurisdiction provided for in article, considering the children put the audžuģimen or put a care institution, or the possibility that care provides kafal or similar institution, and if such a transfer, inserting or care to take place in another Contracting State, such authority initially consult with the central authority of that State or any other competent authority. In the end, it forwards the message to the child, indicating the proposed transfer, or care.
2. The decision on the transfer, the insertion of or care can take the requesting State only if the requested State central authority or other competent authority has agreed to such transfer, inserting or care, taking into account the best interests of the child.
 
34. Article 1. If you are considered a measure of protection and if it is necessary due to the circumstances of the child, the Convention, the competent authorities may request any other Contracting State which has information relevant to the protection of the child to communicate such information.
2. any Contracting State may declare that, in the first part should be transferred in requests for its authorities only with the national central authority.
 
35. Article 1 of one Contracting State may request the competent authority of any other Contracting State competent authorities help to implement measures of protection taken under this Convention, in particular to ensure the effective exercise of the right to meet with a child, as well as the right to maintain regular direct contacts.
2. The authorities of a Contracting State in which the child is not habitually resident in, the request may, one parent who resides in the country and seeking to obtain or to retain the right to meet with the child, gather information or evidence and to draw conclusions about the suitability of this person to meet with the child, and the conditions under which it is implemented the right to meet with a child. The authority, which implements article 5 to 10 to decide on jurisdiction provided for the application in respect of the right to meet with a child, before a decision is adopted and the information, evidence and conclusions.
3. the authority which, in accordance with articles 5 to 10 shall have the right to decide on the right to see the child, interrupted proceedings until such time as a decision is taken on under the second tranche of applications submitted, in particular when it hears request to restrict or take away encounters the rights given to the child's former habitual residence in a country.
4. This article shall not prevent the authority, which is 5 to 10 in the jurisdiction provided for in article, take preventive measures, pending a decision on the application provided for in the second paragraph.
 
36. article in any case, when a child is seriously endangered, the competent authority of the country in which the child protection measures, or which are destined for them, if they are informed of the child's habitual residence changes, moving to another country, or of the child's being in this country, shall inform the authorities of that other State about the danger and the measures taken or which are doomed.
 
Article 37 authorities does not require and does not transmit information, as provided for in this chapter, if, at the discretion of those bodies could jeopardize the child's person or property, or cause a serious threat to the child's family's freedom or life.
 
38. Article 1 without prejudice to the possibility to impose reasonable charges for the provision of services, the Contracting States Central authorities and other public institutions bear the costs which they incurred in applying this Convention.
2. The Contracting States may conclude agreements with one or more other Contracting States concerning the use of the charge.
 
39. Article the Contracting States may conclude agreements with one or more other Contracting States, in order to improve their mutual relations the application of the provisions of this chapter. The States which have concluded such agreements, put copies of the depositary of the Convention.
 
Chapter VI General provisions article 40 1. the child's habitual residence in the Contracting State or its authorities of a Contracting State in which protection measures have been taken, can be issued to a person having parental responsibility or to the person entrusted with protection of the property or, if that person so requests, certificates indicating that person's status and the powers assigned to it.
2. the indicated status and powers are considered to be granted to that person, unless there is evidence to the contrary.
3. Each Contracting State shall designate the authorities empowered to issue such certificates.
 
Article 41 personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.
 
42. Article authorities transferred information, ensure its secrecy under their national law.
 
Article 43 all documents forwarded or submitted in accordance with this Convention shall be exempt from legalisation or any equivalent formality.
 
Article 44 each Contracting State may designate the authorities to which submitted 8, 9 and article 33 provided for requests.
 
45. Article 1.29 and 44. identification provided for in article shall be notified to the Hague Conference on private international law Permanent Bureau.
2. Article 34 of the Convention's declaration referred to in the second subparagraph shall be submitted to the depositary of the Convention.
 
46. Article

Contracting State in which in respect of the child and his property different legal systems or different sets of rules of law should not apply the provisions of this Convention in respect of a dispute arising only in the context of these different systems or sets of rules of law.
 
Article 47 States that in relation to the matters covered by this Convention, in different geographical units apply two or more systems of law or sets of rules of law: 1. reference to habitual residence in that State shall be construed as references to habitual residence in a territorial unit;
2. references to the child's presence in the country, such as references to being in a territorial unit;
3. references to the child's property being in such country shall be construed as references to the property being in a territorial unit;
4. references to the State of which a citizen is a child, be construed as references to the territorial unit as defined in national legislation, or, if there is no relevant legal provisions, to the territorial unit with which the child has the closest connection;
5. the reference to the State whose authorities have been submitted for the child's parents divorce or legal separation of the parents, or the application for their marriage annulment, as references to the territorial unit whose authorities have filed such an application;
6. references to a country with which the child has significant links, be construed as references to the territorial unit with which the child has the following links;
7. references to a country to which the child has been removed or in which he is detained, be construed as references to the relevant territorial unit to which the child has been removed or in which he is detained;
8. references to the following national bodies or authorities other than central authorities, shall be construed as references to bodies or authorities entitled to act in the relevant territorial unit;
9. the reference to the national legislation, procedures or institutions in which measures are taken as references to the territorial unit legislation, procedures or institutions in which the action is taken;
10. references to the law of the requested State legislation, procedures or institutions shall be construed as references to the territorial unit legislation, procedures or institutions in which recognition is sought, or execution.
 
Article 48 in accordance with Chapter III shall determine the applicable law in relation to countries with two or more territorial units, which in connection with matters covered by this Convention, have their own system of law or set of rules of law, the following provisions shall apply: (a) if such country has) the existing rules of law, determining the territorial units to which the law must be applied, and then apply the relevant law of a territorial unit;
(b) if such a law), apply the law of a territorial unit as defined in article 47.
 
49. Article To under Chapter III determine the applicable law in relation to countries with two or more systems of law or sets of rules of law applicable to different categories of persons in relation to the matters covered by this Convention, the following rules shall apply: (a) if such country's) rules that determine which of the laws apply, then apply the relevant legislation;
(b)) if such law is not the law or set of rules of law with which the child has the closest links.
 
50. Article this Convention does not affect how both of the Contracting States to the Convention in their mutual relations apply the 25 October 1980 Convention on international child abduction civil aspects. However, nothing prevents to refer to the provisions of this Convention, in order to achieve illegal taken or detained child recovery or for the right to meet with a child.
 
Article 51 in relations between the Contracting States this Convention replaces the 5 October 1961, the Convention on the authorities and the law applicable in relation to the protection of minors, and of 12 June 1902 in the Hague Convention signed on the custody of minors, without prejudice to the recognition of measures taken under the above mentioned 5 October 1961 Convention.
 
52. Article 1 this Convention does not affect the international agreements to which are Contracting States to this Convention, and which contains provisions on matters governed by this Convention, unless such agreement the Contracting States not declared.
2. this Convention shall not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children, which is such a Contracting State of the agreement, permanent residents, are the rules on matters covered by this Convention.
3. the agreement of one or more Contracting States to conclude on matters covered by this Convention do not affect the application of this Convention in the relations between such States and the other contracting countries.
4. The preceding paragraphs also apply to uniform laws based on special ties of a regional or otherwise between the countries concerned.
 
53. Article 1. Convention apply to measures only if they are carried out in one State after the entry into force of this Convention in the country.
2. the Convention shall apply to the recognition and enforcement of measures taken after the Convention has entered into force between the country in which the action is taken and the requested State.
 
54. Article 1. all notifications a Contracting State to the central authorities or other authorities sent in the original language, adding a translation into the official language or one of the official languages or, where this is not possible, the translation in French or English.
2. The Contracting States by making a reservation in accordance with article 60, however, may object to the English or French language usage, but not against the use of both languages.
 
55. Article 1 the Contracting States in accordance with article 60 (a)) can make a reservation about the fact that the national authorities have jurisdiction to take measures of protection for the property of a child situated on its territory;
(b) make a reservation about it) that the State concerned has the right to not recognize parental responsibility or measure, if it is not incompatible with the measures that the authorities concerned have taken in relation to such property.
2. Reservation can be attributed to certain categories of property.
 
Article 56 of the Hague Conference on private international law, the Secretary-General shall convene a Special Commission to periodically to assess the actual application of the Convention.
 
Chapter VII final provisions article 57 1. Convention open for signature States that the Hague Conference on private international law in the eighteenth session is in its Member States.
2. ratification, acceptance or approval, and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
 
58. Article 1. any other State may accede to the Convention after its entry into force in accordance with the first paragraph of article 61.
2. instruments of accession shall be deposited with the depositary.
3. such accession shall have effect only in relations with countries that accede to the Convention and those States parties that six months after the article 63) provided for in paragraph (b) of the receipt of the notification has not raised objections to the accession. Such objections may also be brought by accession when it ratifies, accepts or approves the Convention. Of any such objections shall notify the depositary.
 
Article 59 1. If a Contracting State has two or more territorial units in which related to matters covered by this Convention, different legal systems, such State may, when signing, ratifying, accepting or approving the Convention or acceding to the Convention, declare that it shall apply to all territorial units of that State or only to one or more territorial units, and such a declaration may at any time amend by submitting another declaration.
2. Such declarations shall notify the depositary and shall state expressly the territorial units to which the Convention applies.
3. If the State does not submit the declarations provided for in this article, the Convention shall apply to all territorial units of that State.
 
60. Article 1 any State may, not later than when ratifying, accepting or approving or acceding to the Convention, or by submitting the declaration provided for in article 59, make one or both of the reservations provided for in the second paragraph of article 54 and article 55. Other reservations can not be submitted.
2. Any State may at any time withdraw the reservation submitted. Such cancellation shall notify the depositary.
3. the Reservation shall cease to have effect in the third calendar on the first day of the month following the notification referred to in the previous subparagraph.
 
61. Article 1 the Convention shall enter into force on the first day of the month following the period of three months after the third instrument of ratification, acceptance or approval thereof, as referred to in article 57.
2. After the Convention enters into force as follows: (a)) States that the Convention shall be subject to ratification, acceptance or approval after its entry into force — the first day of the month following the period of three months after the deposit of instruments of ratification, acceptance or approval of the deposit;

(b)) in respect of the countries acceding to the Convention, on the first day of the month following a period of three months after the third paragraph of article 58 of the prescribed six-month period;
(c)) in relation to the territorial units to which the Convention is applied in accordance with article 59, the first day of the month following the period of three months following the notification provided for in that article.
 
62. Article 1 of this Convention, the Contracting States may denounce it by giving written notification to the depositary. Denunciation can only refer to certain territorial units to which the Convention applies.
2. The denunciation shall take effect on the first day of the month following twelve months after the notice is received by the depositary. If the notification contains the longer duration, after which the denunciation takes effect, the denunciation shall take effect on the expiration of such longer period.
 
Article 63 of the Hague Conference on private international law the Member States and the countries that acceded in accordance with article 58, the depositary shall notify (a)) of article 57 of that signature, ratification, acceptance and approval;
(b)) for joining and objections raised in the context of accession referred to in article 58;
c) day, when this Convention enters into force in accordance with article 61;
(d)) Declaration referred to in article 34 and the second paragraph of article 59;
e) agreements referred to in article 39;
f) reservations referred to in article 54, second paragraph, and article 55, as well as in article 60, the second referred to the cancellation;
g) denunciation referred to in article 62.
In witness whereof the undersigned, being duly authorized, have signed this Convention.
The Convention, concluded in the Hague on 19 October 1996, in the English and French languages in one original, which shall be deposited with the Government of the Kingdom of the Netherlands in the archives and certified copies through diplomatic channels to all States of the Hague Conference on private international law in the eighteenth session is its Member States; both texts being equally authentic.
 CONVENTION ON JURISDICTION, applicable LAW, RECOGNITION, enforcement AND co-operation IN respect OF PARENTAL RESPONSIBILITY AND the PROTECTION OF the MEASURE FOR CHILDREN (Concluded on 19 October 1996) the States signatory to the present Convention, Considering the need to improve the protection of children in international situation, Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of the measure for the protection of children , Recalling the importanc of international co-operation for the protection of children, Confirming that the best interests of the child to be with a primary considerations, Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of the minor is in need of revision, to establish common provision in it (menu Rngton Line4) this effect , taking into account the United Nations Convention on the rights of the Child of 20 November 1989, have agreed on the following provision: Chapter I-scope OF the CONVENTION article 1 1 the objects of the present Convention with a (a) determin the State whose authorities have jurisdiction to take a measure of protection to the directed of the person or property of the child;
(b) it is determin which law is to be applied by such authorities in exercising their jurisdiction;
(c) to determin the law applicable to parental responsibility;
(d) provide for the recognition and enforcement of such measure of protection in all Contracting States;
(e) to establish such co-operation between the authorities of the Contracting States as may be in order to achieve cessary not the purpose of this Convention.
2 For the purpose of this Convention, the term ' parental responsibility ' includes parental authority, or any analogous relationship of authority determining the rights, powers the and responsibilities of parents, guardian or other legal representatives in relations to the person or the property of the child.
 
 
Article 2 of the Convention applies to children from the moment of their birth until they reach the age of 18 years.
 
Article 3 the measure of referred to in article 1 may deal in particular with: (a) the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;
(b) rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determin the child's place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child's habitual residence;
(c) guardianship, curatorship and analogous institutions;-
(d) the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child;
e the placement of the child in a foster family or in institutional care, or the provision of care by an analogue of institutions or kafal;
(f) the supervision by a public authority of the care of a child by any person having charge of the child;
(g) the administration, conservation or disposal of the child's property.
 
Article 4 the Convention does not apply to — (a) the establishment or contesting of a parent-child relationship;
(b) the decision on adoption of the measure, it features adoption, or the annulment or revocation of adoption;
(c) the name and the forenam of the child;
d emancipation;
(e) the maintenance obligation;
(f) trusts or succession;
(g) social security;
(h) the public measure of a general nature in matters of education or health;
(I) the measure taken as a result of the penal of the offenc committed by children;
(j) decision on the right of asylum and on immigration forum.
 
Chapter II-JURISDICTION article 5 1 the judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take a measure of protection to the directed of the child's person or property.
2 subject to article 7, in case of a change of the child's habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.
 
 
Article 6 1 For refugee children and children who, due to the occurring in their country, disturbanc are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of article 5 2 of the provision of the preceding paragraph also apply to children whose habitual residence cannot be established.
 
Article 7 1 In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual residence in another State, and a person, institution or other body each having rights of custody has acquiesced in the removal or retention; or (b) the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabout of the child, of the request for return lodged within that period is still pending, and the child is settled in his or her new environment.
2 the removal or the retention of a child is to be considered wrongful where: (a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and (b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
The rights of custody mentioned in sub-paragraph (a) above, may in particular «arise by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
3 So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measure under article 11 of the axis with the cessary not for the protection of the person or property of the child.
 
Article 8 1 By way of exception, the authority of a Contracting State having jurisdiction under article 5 or 6, if it consider that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either-request that other authority, directly or with the assistance of the Central Authority of its State assume jurisdiction, to take such measure of protection as it does not consider to be, or — suspend cessary considerations of the case and invite the parties to introduce such a request before the authority of that other State.
2 the Contracting States whose authorities may be addressed as provided in the preceding paragraph with a a State of which the child is a national; (b) a State in which property of the child is located, c a State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage d a State with, which the child has a substantial connection.
3 the authorities concerned may proceed to an exchange of views.
4 the authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under article 5 or 6, if it consider that this is in the child's best interests.
 
Article 9

1 If the authorities of a Contracting State referred to in article 8, paragraph 2, consider that they are better placed in the particular case to assess the child's best interests, they may either request the competent — authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State , that they be authorised to exercise jurisdiction to take the measure of protection which they consider to be not cessary, or — invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.
2 the authorities concerned may proceed to an exchange of views.
3 the authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.
 
Article 10 1 without prejudice to articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take a measure directed to the protection of the of the person or property of such child if (a) at the time of commencemen of the proceedings , one of his or her parents habitually resident programs in that State and one of them has parental responsibility in relations to the child, and (b) the jurisdiction of these authorities to take such measure has been the accepted by the parents, as well as by any other person who has parental responsibility in relations to the child, and is in the best interests of the child.
2 the jurisdiction provided for by paragraph 1 to take a measure for the protection of the child cease soon as the axis of the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.
 
Article 11 1 In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any measure of protection not cessary.
2 the measure taken under the preceding paragraph of with regards to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under articles 5 to 10 have taken the measure of the required by the situation.
3 the measure taken under paragraph 1 of with regards to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as the measure required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.
 
Article 12 1 subject to article 7, the authorities of a Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take the measure of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such a measure are not incompatibl with the measure already taken by authorities which have jurisdiction under articles 5 to 10.
2 the measure taken under the preceding paragraph of with regards to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under articles 5 to 10 have taken a decision in respect of the measure of protection which may be required by the situation.
3 the measure taken under paragraph 1 of with regards to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measure taken as soon as the newer measure of required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.
 
Article 13 1 the authorities of a Contracting State which have jurisdiction under articles 5 to 10 to take a measure for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencemen of the proceedings, the measure of the òàæó have been requested from the authorities of another Contracting State having jurisdiction under articles 5 to 10 at the time of the request and are still under considerations.
2 the provision of the preceding paragraph of the note shall apply if the authorities before whom the request for was initially introduced the measure have declined jurisdiction.
 
Article 14 the measure taken in the application of articles 5 to 10 remain in force according to their terms, even if a change of the has eliminated the circumstanc basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measure. 
 
Chapter III-applicable LAW article 15 1 In exercising their jurisdiction under the provision of Chapter II, the authorities of the Contracting States shall apply their own law.
2 However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into considerations the law of another State with which the situation has a substantial connection.
3 If the child's habitual residence changes to another Contracting State, the law of that other State will govern, from the time of the change, the conditions of application of the measure taken in the the State of the former habitual residence.
 
Article 16 1 the attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.
2 the attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child's habitual residence at the time when the agreement or unilateral act takes effect.
3 Parental responsibility which exists under the law of the State of the child's habitual residence subsist after a change of that habitual residence to another State.
4 If the child's habitual residence changes, the attribution of parental responsibility by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.
 
Article 17 the exercise of parental responsibility is governed by the law of the State of the child's habitual residence. If the child's habitual residence changes, it is governed by the law of the State of the new habitual residence.
 
Article 18 the parental responsibility referred to in article 16 may be terminated, or the conditions of its exercise modified, by the measure taken under this Convention.
 
Article 19 1 the validity of a transaction entered into between a third party and another person who would be entitled to act as the child's legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liabl, on the sole ground that the other person was not entitled to act as the child's legal representative under the law designated by the provision of this Chapter , unless the third party knew or should have known that the parental responsibility was governed by the the latter law.
2 the preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.
 
Article 20 the provision of this Chapter apply even if the law designated by them is the law of a non-Contracting State.
 
Article 21 1 In this Chapter the term "law" means the law in force in a State other than its choice of law rules.
2 However, if the law applicable according to article 16 is that of a non-Contracting State and if the choice of law rules of that State designat the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by article 16.
 
Article 22 the application of the law designated by the provision of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.
  
Chapter IV: RECOGNITION AND enforcement article 23 1 of the measure taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.
2 Recognition may however be refused – a if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II; (b) if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceedings, without the child having been provided the opportunity to be heard , in violation of fundamental principles of procedure of the requested State;
(c) on the request of any person claiming that the measure of his or her parental responsibility infring, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard;
(d) if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;
(e) if the measure is incompatibl with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure to fulfil the requirements for recognition in the requested State;
(f) if the procedure provided in article 33 has not been complied with.
 
Article 24

Without prejudice to article 23, paragraph 1, any interested person may request from the competent authorities of the Contracting State (a) that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.
 
Article 25 the authority of the requested State is bound by the finding of fact on which the authority of the State where the measure was taken based its jurisdiction.
 
Article 26 1 If the measure taken in one Contracting State and enforceabl is there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceabl or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.
2 Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.
3 the declaration of enforceability or registration may be refused only for one of the reasons set out in article 23, paragraph 2.
 
Article 27 without prejudice to such review as is cessary not in the application of the preceding articles, there shall be from the review of the Merritt of the measure taken.
 
Article 28 of the Measure taken in one Contracting State and declared enforceabl, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordanc with the law of the requested State to the exten to provided by such law, taking into considerations the best interests of the child. 
 
Chapter V — CO-OPERATION article 29 1 A Contracting State shall (a) the Central Authority the designat discharge the duties which are imposed by the Convention on such authorities.
2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoin to more than one Central Authority and to specify the territorial or personal exten of their function. Where a State has appointed more than one Central Authority, it shall designat the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
 
Article 30 1 Central authorities shall co-operate with each other and promote co-operation to the competent authorities the amongs in their States to achieve the purpose of the Convention.
2 They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.
 
Article 31 the Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to – a facilitat the communications and offer the assistance provided for in articles 8 and 9 and in this Chapter;
(b), by mediation, ACAS facilitat or similar means, agreed solutions for the protection of the person or property of the child in a situation to which the Convention applies;
(c) provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabout of a child where it would appear that the child may be present and in need of protection within the territory of the requested State.
 
Article 32 On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies, (a) provide a report on the situation of the child;
(b) request the competent authority of its State to consider the need to take a measure for the protection of the person or property of the child.
 
Article 33 1 If an authority having jurisdiction under articles 5 to 10 of contemplat the placement of the child in a foster family or institutional care, or the provision of care by an analogue of institutions or kafal, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care.
2 the decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child's best interests.
 
Article 34 1 where a measure of protection is contemplated, the competent authorities under the Convention be, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information.
2 A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.
 
Article 35 1 the competent authorities of the Contracting State (a) may request the authorities of another Contracting State to assist in the implementation of the measure of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis.
2 the authorities of a Contracting State in which the child does not habitually resident programs in may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under articles 5 to 10 to determin an application concerning access to the child, shall consider such information and admi, evidence and reaching a decision before finding it.
3 An authority having jurisdiction under articles 5 to 10 to decide on access may adjourn a proceedings pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child's former habitual residence.
4 Nothing in this article shall prevent an authority having jurisdiction under articles 5 to 10 from taking provisional measure pending the outcome of the of the request made under paragraph 2.
 
Article 36 In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where the measure for the protection of the child have been taken or are under considerations, if they are informed that the child's residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measure taken by or under considerations.
 
Article 37 An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child's person or property in danger, or constitut a serious threat to the liberty or life of a member of the child's family.
 
Article 38 1 without prejudice to the possibility of imposing reasonable charges for the provision of services, Central authorities and other public authorities of Contracting States shall bear their own costs in applying the provision of this Chapter.
2 Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.
 
Article 39 Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
  
Chapter VI — the GENERAL PROVISION of article 40 1 the authorities of the Contracting State of the child's habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child's person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her.
2 the capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary.
3 Each Contracting State shall designat the authorities competent to draw up the certificate.
 
Article 41 Personal data gathered or transmitted under the Convention shall be used only for the purpose for which they were gathered or transmitted.
 
Article 42 the authorities to whom information is transmitted shall ensur it is confidentiality, in accordanc with the law of their State.
 
Article 43 All documents forwarded or delivered under this Convention shall be the legalisation or any analogous main from the formality.
 
Article 44 Each Contracting State may designat the authorities to which requests under articles 8, 9 and 33 are to be addressed.
 
Article 45 1 of the designation referred to in the articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on private International Law.
2 the declaration referred to in article 34, paragraph 2, shall be made to the depositary of the Convention.
 
Article 46 (A) the Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.
 
Article 47

In relations to a State in which two or more systems of law or sets of rules of law with regard to any matter deals with in this Convention apply in different territorial units – 1 any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;
2 any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;
3 any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;
4 any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the connection closes;
5 any reference to the State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;
6 any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection;
7 any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;
8 any reference to bodies or authorities of that State, other than Central authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;
9 any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;
10 any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.
 
Article 48 For the purpose of identifying the applicable law under Chapter III, in relations to a State which of two compris or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which territorial unit's law is applicable by the law of that unit applies;
(b) in the absence of such rules, the law of the relevant territorial unit as defined in article 47 applies.
 
Article 49 For the purpose of identifying the applicable law under Chapter III, in relations to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which among such laws applies , that law applies;
(b) in the absence of such rules, the law of the system or the set of rules of law with which the child has the closes connection to Apple.
 
Article 50 this Convention shall not be affec the application of the Convention of 25 October 1980 on the Civil aspects of International Child Caesar, as between parties to both the Convention. Nothing, however, of the provision of this preclud the Convention from being invoked for the purpose of obtaining the return of a child wrongfully removed or who has been retained or of organising access rights.
 
Article 51 In relations between the Contracting States this Convention to replace the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of the minor, and the Convention each the guardianship of minor, signed at the Hague 12 June 1902, without prejudice to the recognition of the measure taken under the Convention of 5 October 1961 mentioned above.
 
Article 52 1 this Convention does not to any international instrument affec to which Contracting States are parties and which contains provision on matters governed by the Convention, unless a contrary declaration is made by the States parties to such instrument.
2 this Convention does not affec the possibility for one or more Contracting States to the agreements which contain conclud, in respect of children habitually resident in any of the States parties to such agreements, the provision on matters governed by this Convention.
3 agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affec, in the relationship of such States with other Contracting States, the application of the provision of this Convention.
4 the preceding paragraphs also apply to uniform laws based on special courts of a regional or other nature between the States concerned.
 
Article 53 1 the Convention shall apply the measure only if they are taken in a State after the Convention has entered into force for that State.
2 the Convention shall apply to the recognition and enforcement of the measure taken after its entry into force as between the State where the measure's have been taken and the requested State.
 
Article 54 1 Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasibl, a translation into French or English.
2 However, a Contracting State may, by making a reservation in accordanc with article 60, object to the use of either French or English, but not both.
 
Article 55 1 A Contracting State may, in accordanc with article 60, a reserve the jurisdiction of its authorities to take measure of the protection of the property directed of a child situated on its territory;
(b) reserve the right not to any recognis parental responsibility or measure in so far as it is incompatibl with any measure taken by its authorities in relations to that property.
2 the reservation may be restricted to certain categories of property.
 
Article 56 the Secretary General of the Hague Conference on private International Law shall at regular intervals box convok a Special Commission in order to review the practical operation of the Convention.
  
Chapter VII — FINAL CLAUSS's article 57 1 the Convention shall be open for signature by the States which were members of the Hague Conference on private International Law at the time of its Eighteenth Session.
2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
 
Article 58 1 Any other State may accede to the Convention after it has entered into force in accordanc with article 61, paragraph 1.2 the instrument of accession shall be deposited with the depositary.
3 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph (b) of article 63. Such an objection may also be raised by States at the time when they ratify.â , accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
 
Article 59 1 If a State has two or more territorial units in which different systems of law applicable in the relations it matters to deal with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
3 If a State makes a declaration under this article of the Convention is to extend to all territorial units of that State.
 
Article 60 1 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of article 59, make one or both of the reservations provided for in articles 54, paragraph 2, and 55 others shall be permitted from the reservation.
2 Any State may at any time withdraw a reservation it has made. The withdrawals shall be notified to the depositary.
3 the reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.
 
Article 61 1 shall enter the Convention into the force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in article 57. Thereafter the Convention shall enter 2 into force – a for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification acceptance, approval or accession,;
b for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in article 58, paragraph 3;
c for a territorial unit to which the Convention has been extended in conformity with article 59, on the first day of the month following the expiration of three months after the notification referred to in that article.
 
Article 62 1 A State Party to the Convention may denounc it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.

2 the denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.
 
Article 63 the depositary shall notify the States members of the Hague Conference on private International Law and the States which have acceded in accordanc with article 58 of the following – a the signatures, ratification, acceptance and approval of the referred to in article 57;
(b) the objection raised by the accession and accession to it referred to in article 58;
(c) the date on which the Convention enter into force in accordanc with article 61;
(d) the declarations referred to in articles 34, paragraph 2, and 59;
e the agreements referred to in article 39;
f the reservations referred to in articles 54, paragraph 2, and 55 and the withdrawals referred to in article 60, paragraph 2;
(g) the denunciation is referred to in article 62.
In witness whereof the undersigned, being duly authorised, have signed theret this Convention.
Done at the Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States members of the Hague Conference on private International Law at the date of its Eighteenth Session.

Related Laws