The Saeima has adopted and the President promulgated the following laws: the European Convention on recognition and enforcement of decisions concerning custody of children and restoration of custody of children article 1. 20 May 1980 European Convention on recognition and enforcement of decisions concerning custody of children and restoration of custody of children (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 27 of the Convention, first subparagraph, and article 6, the third subparagraph of article 6 of the Convention Latvia first subparagraph "b" point applies partially — do not accept documents and their translations in French. 3. article. In accordance with article 2 of the Convention in Latvia the central authority that implements the functions provided for in the Convention is the Ministry of Justice. 4. article. In accordance with article 27 of the Convention, the Ministry of Foreign Affairs shall notify the Secretary-General of the Council of Europe on the reservations and statements made. 5. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. 6. article. The Convention shall enter into force on the 22nd for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by the Parliament in the March 7, 2002. State v. President Vaira Vīķe-Freiberga in Riga, 20 March 2002, the European Convention on Recognition and enforcement of Decisions Concerning Custody of Children and on the Restoration of Custody of Children (Luxembourg, 20 V signed in 1980) the member States of the Council of Europe, signatory of the heret, Recognising that in the member States of the Council of Europe the welfare of the child is of overriding importanc in reaching a decision concerning his custody; Considering that the making of arrangements to ensur that Albert concerning the custody of a child can be more widely recognised and enforced will provide greater protection of the welfare of children; Considering it desirabl, with this end in view, the emphasis that the right of access of parents is a normal corollary to the right of custody; Nothing the increasing number of cases where children have been improperly removed across an international frontier and the difficult of solutions to securing adequat to the problems caused by such cases; Making the provision of Desiro suitabl to enable the custody of children which has been arbitrarily interrupted to be restored; Convinced of the desirability of making arrangements for this purpose answering to different needs and different circumstanc; To establish legal co-operation (menu rngton Line4) between their authorities, have agreed as follows: article 1 For the purpose of this Convention: (a) child-a person of any nationality means, so long as he is under 16 years of age and has not the right to decide on his own place of residence under the law of his habitual residence, the law of his nationality or the internal law of the State addressed; (b) authority-means a judicial or administrative authority; (c) decision-a decision relating to custody means of an authority in so far as it relate to the care of the person of the child, including the right to decide on the place of his residence, or to the right of access to him; (d) improper removal-means the removal of a child across an international frontier in breach of a decision relating to custody has been given his which in a Contracting State and which is enforceabl in such a State; improper removal also includes: (i) the failure to return a child across an international frontier at the end of a period of the exercise of the right of access to this child or at the end of any other temporary stay in a territory other than that where the custody is exercised; (ii) a removal which is subsequently declared unlawful within the meaning of article 12 Of the Central authorities article I 2 1. appoin Each Contracting State shall be a central authority to carry out the functions provided for by this Convention. 2. Federal States and States with more than one legal system shall be free to appoin to more than one central authority and shall determin the exten of their competence. 3. The Secretary General of the Council of Europe shall be notified of any appointment under this article. Article 3 1. The central authorities of the Contracting States shall co-operate with each other and promote co-operation between the competent authorities of the countries in their respectiv. They shall act with all despatch cessary not. 2. With a view to facilitating the operation of this Convention, the central authorities of the Contracting States shall: (a) secure the transmission of requests for information coming from the competent authorities and relating to legal or factual matters concerning pending proceedings; (b) shall provide each other on request with information about their law relating to the custody of the children and any changes in that law; (c) shall keep each other informed of any difficult «arise in applying it likely to the Convention and, as far as possible, that it removes the eliminat application. Article 4 1. Any person who has obtained in a Contracting State a decision relating to the custody of a child and who wishes to have that decision recognised or enforced in another Contracting State may submit an application for this purpose to the central authority in any Contracting State. 2. The application shall be accompanied by the documents mentioned in article 13.3. The central authority receiving the application, if it is not the central authority in the State addressed, shall send the documents directly and without delay to that central authority. 4. The central authority receiving the application may refus to interven in where it is manifestly clear that the conditions laid down by this Convention are not satisfied. 5. The central authority receiving the application shall keep the applicant informed without delay of the progress of his application. Article 5 1. The central authority in the State addressed shall take or cause to be taken without delay all steps which it consider to be appropriate, if not by instituting proceedings cessary before its competent authorities, in order to: (a) to discover the whereabout of the child; (b) to avoid, in particular by any provisional measure, the cessary not prejudice to the interests of the child or of the applicant; (c) to secure the recognition or enforcement of the decision; (d) to secure the delivery of the child to the applicant where enforcement is granted; (e) to inform the requesting authority of the measure taken and of their results. 2. Where the central authority in the State addressed has reason to believe that the child is in the territory of another Contracting State it shall send the documents directly and without delay to the central authority of that State. 3. With the exception of the cost of repatriation, each Contracting State not to claim any of the undertak payment from an applicant in respect of any measure taken under the paragraph 1 of this article by the central authority of that State on the applicant's behalf, including the costs of the proceedings and, where applicable, the costs incurred by the assistance of a lawyer. 4. If recognition or enforcement is refused, and if the central authority of the State addressed consider that it should comply with a request by the applicant to bring in that State proceedings concerning the substance of the case, that authority shall use its best endeavour to secure the representation of the applicant in the proceedings under conditions of less than a favourabl those available to a person who is resident in and a national of that State and for this purpose it may, in particular, institute proceedings before its competent authorities to. Article 6 1. Subject to any special agreements made between the central authorities concerned and to the provision of paragraph 3 of this article: (a) communications to the central authority of the State addressed shall be made in the official language or in one of the official languages of that State or be accompanied by a translation into that language; (b) the central authority of the State addressed shall not vertheles will accept communications made in English or in French or accompanied by a translation into one of these languages. 2. the communications coming from the central authority of the State addressed, including the results of enquiries carried out, may be made in the official language or one of the official languages of that State or in English or French. 3. A Contracting State may exclude wholly or partly for the provision of paragraph 1 (b) of this article. When a Contracting State has made this reservation any other Contracting State may also apply the reservations in respect of that State.
Part II Recognition and enforcement of decisions and restoration of custody of children article 7 A decision relating to custody given in a Contracting State shall be recognised and, where it is enforceabl in the State of origin, made enforceabl in every other Contracting State. Article 8 1. In the case of an improper removal, the central authority of the State addressed shall cause steps to be taken forthwith to restore the custody of the child where: (a) at the time of the institution of the proceedings in the State where the decision was given or at the time of the improper removal, if earlier, the child and his parents had as their sole nationality the nationality of that State and the child had his habitual residence in the the territory of that State, and (b) a request for the restoration was made to a central authority within a period of six months from the date of the improper removal. 2. If, in accordanc with the law of the State addressed, the requirements of paragraph 1 of this article cannot be complied with without recourses to a judicial authority, none of the grounds of refusal specified in this Convention shall apply to the judicial proceedings. 3. Where there is an agreement officially confirmed by a competent authority between the person having the custody of the child and another person to allow the other person a right of access, and the child, having been taken abroad, has not been restored at the end of the agreed period to the person having the custody, custody of the child shall be restored in accordanc with paragraph 1 (b) and 2 of this article. The same shall apply in the case of a decision of the competent authority granting such a right to a person who has not the custody of the child. Article 9 1. In case of improper removal, other than those deals with in article 8, in which an application has been made to a central authority within a period of six months from the date of the removal, recognition and enforcement may be refused only if: (a) in the case of a decision given in the absence of the defendan or his legal representative -the duly notes the defendan was served with the document which instituted the proceedings or an equivalent document in sufficient time to enable him to arrang is his defence; but such a failure to effect service cannot be a ground for refusing recognition constitut or enforcement where service was not effected because the concealed his whereabout of the defendan Hadi from the person who instituted the proceedings in the State of origin; (b) in the case of a decision given in the absence of the defendan or his legal representative, the competence of the authority giving the decision was not founded: (i) on the habitual residence of the defendan, or (ii) on the last common habitual residence of the child's parents, at least one parent being still habitually resident there, or (iii) on the habitual residence of the child; (c) the decision is incompatibl with a decision relating to custody which becam a enforceabl in the State addressed before the removal of the child, unless the child has had his habitual residence in the territory of the requesting State for one year before his removal. 2. Where the application has been made to a central authority, the provision of paragraph 1 of this article shall apply equally, if recognition and enforcement are requested within six months from the date of the improper removal. 3. In the from of the foreign decision circumstanc may be reviewed as to its substance. Article 10 1. In cases other than those covered by articles 8 and 9, recognition and enforcement may be refused not only on the grounds provided for in article 9 but also on any of the following grounds: (a) if it is found that the effects of the decision are manifestly incompatibl with the fundamental principles of the law relating to the family and children in the State addressed; (b) if it is found that by reason of a change in the including the passage of circumstanc of time but not including a mere change in the residence of the child after an improper removal, the effects of the original decision are manifestly no longer in accordanc with the welfare of the child; (c) if at the time when the proceedings were instituted in the State of origin: (i) the child was a national of the State addressed or was habitually resident there and no such connection existed with the State of origin; (ii) the child was both a national of the State of origin and of the State addressed and was habitually resident in the State addressed; (d) if the decision is incompatibl with a decision given in the State addressed or enforceabl in that State after being given in a third State, pursuan to proceedings begun before the submission of the request for recognition or enforcement, and if the refusal is in accordanc with the welfare of the child. 2. In the same case, proceedings for recognition or enforcement may be adjourned on any of the following grounds: (a) if an ordinary form of review of the original decision has been commenced; (b) if proceedings relating to the custody of the child, before the proceedings commenced in the State of origin were instituted, with pending in the State addressed; (c) if another decision concerning the custody of the child is the subject of proceedings for enforcement or of any other proceedings concerning the recognition of the decision. Article 11 1. Decision on rights of access and provision of relating to custody which Albert deals with the right of access shall be recognised and enforced subject to the same conditions as others relating to the custody decision. 2. However, the competent authority of the State addressed may fix the conditions for the implementation and exercise of the right of access taking into account, in particular, an undertaking given by the parties on this matter. 3. Where the decision on the right of access has been taken or where recognition or enforcement of the decision relating to custody is refused, the central authority of the State addressed may apply to its competent authorities for a decision to be on the right of access, if the person claiming a right of access so requests. Article 12 where, at the time of the removal of a child across an international frontier, there is no enforceabl of the decision given in a Contracting State relating to his custody, the provision of this Convention shall apply to any subsequent decision, relating to the custody of that child and declaring the removal to be unlawful, given in a Contracting State at the request of any interested person.
Part III procedure article 13 1. (A) the request for recognition or enforcement in another Contracting State of a decision relating to custody shall be accompanied by: (a) a document authorising the central authority of the State addressed to act on behalf of the applicant or their representative of another designat for that purpose; (b) a copy of the decision which satisf to the cessary conditions of authenticity; (c) in the case of a decision given in the absence of the defendan or his legal representative, a document which establish that the of the defendan was duly served with the document which instituted the proceedings or an equivalent document; (d) if applicable, any document which you establish the, in accordanc with the law of the State of origin, the decision is enforceabl; (e) if possible, (a) a statement indicating the whereabout or likely whereabout of the child in the State addressed; (f) a proposal as to how the custody of the child should be restored. 2. The documents mentioned above shall, where not, be accompanied by a translation cessary according to the provision laid down in article 6 article 14 Each Contracting State shall apply a simple and the procedure for recognition and expeditio enforcement of a decision relating to the custody of a child. To that end it shall ensur that (a) the request for enforcement may be lodged by simple application. Article 15 1 before reaching a decision. under paragraph 1 b of article 10, the authority concerned in the State addressed: (a) shall ascertain the child's views unless this is in particular the impracticabl of having regards his age and understanding; and (b) may request that any appropriate enquiries be carried out. 2. The cost of enquiries in any Contracting State shall be met by the authorities of the State where they are carried out. 3. Request for enquiries and the results of enquiries may be sent to the authority concerned through the central authorities. Article 16 For the purpose of this Convention, from legalisation or any like formality may be required. For a Reservation of article 17 1 IV. A Contracting State may make a reservation that, in cases covered by articles 8 and 9 or either of these articles, recognition and enforcement of a decision relating to custody may be refused on such of the grounds provided under article 10 as may be specified in the reservation. 2. Recognition and enforcement of a decision given in a Contracting State which has made the reservation provided for in paragraph 1 of this article may be refused in any other Contracting State on any of the grounds referred to in the additional you reservation. Article 18 (A) A Contracting State may make a reservation that it shall not be bound by the provision of article 12. The provision of this Convention shall not apply to decisions referred to in article 12 of which have been given in a Contracting State which has made such a reservation.
Part V Other instruments article 19 this Convention shall not exclude the possibility of relying on any other international instrument in force between the State of origin and the State addressed or on any other law of the State addressed not derived from an international agreement for the purpose of obtaining recognition or enforcement of a decision. Article 20 1. This Convention shall not be any obligation to affec which a Contracting State may have towards a non-Contracting State under an international instrument dealing with matters governed by this Convention. 2. When two or more Contracting States have enacted uniform laws in the custody of the children or relations created a special system of recognition or enforcement of decisions in this field, or if they should do so in the future, they shall be free to apply, between themselves, those laws or that system in place of this Convention or any part of it. In order to themselves of this provision availa ... the State shall notify their decision to the Secretary General of the Council of Europe. Any alteration or revocation of this decision must also be notified. For the Final article 21 of Commission VI of this Convention shall be open for signature by the member States of the Council of Europe. It is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. Article 22 1. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention in accordanc with the provision of article 21.2. In respect of any member State which subsequently express their consent to it be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval. Article 23 1. After the entry into force of this Convention, the Committee of Minister of the Council of Europe may invite any State not a member of the Council to accede to this Convention, by a decision taken by the majority provided for by article 20 d of the Statute and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee. 2. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. Article 24 1. Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory, the Convention shall enter into the force on the first day of the month following the expiration of a period of three months after the date of receipt by the Secretary General of such declaration. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General. Article 25 1. A State which has two or more territorial units in which different systems of law apply in matters of custody of children and of recognition and enforcement of a decision relating to custody may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that this Convention shall apply to all its territorial units or to one or more of them. 2. Such a State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territorial unit specified in the declaration. In respect of such territorial unit the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt by the Secretary General of such declaration. 3. Any declaration made under the two preceding paragraphs may, in respect of any territorial unit specified in such declaration, be withdrawn by notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General. Article 26 1. In relations to a State which in matters of custody has two or more systems of law of territorial application: (a) the reference to the law of a person's habitual residence or to the law of a person's nationality shall be construed as referring to the system of law determined by the rules in force in that State or, if there are no such rules , to the system of law with which the person concerned is most closely connected; (b) the reference to the State of origin or the State addressed it shall be construed as referring, as the case may be, to the territorial unit where recognition or enforcement of the decision or restoration of custody is requested. 2. Paragraph 1 (a) of this article also applies mutatis mutandis to States which have in matters of custody two or more systems of law of personal application. Article 27 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it is itself of on or availa ... more of the reservations provided for in paragraph 3 of article 6, article 17 and article 18 of this Convention. Other reservation may be made. 2. Any Contracting State which has made a reservation under the preceding paragraph may wholly or the partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawals shall take effect on the date of receipt of such notification by the Secretary General. Article 28 At the end of the third year following the date of the entry into force of this Convention and, on his own initiative, at any time after this date, the Secretary General of the Council of Europe shall invite the representatives of the central authorities appointed by the Contracting States to meet in order to study and to facilitat the functioning of the Convention. Any member State of the Council of Europe not being a party to the Convention may be represented by an observer. A report shall be prepared on the work of each of these meetings and forwarded it to the Committee of Minister of the Council of Europe for information. Article 29 1. Any Party may at any time denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General. Article 30 the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: (a) any signature; (b) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry into force of this Convention in accordanc with articles 22, 23, 24 and 25; (d) any other Act, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at Luxembourg, the 20th day of May 1980, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe and to any State invited to accede to this Convention.

European Convention on recognition and enforcement of decisions concerning custody of children and restoration of custody of children (signed in Luxembourg, 20 May 1980) signed this Convention in the Member States of the Council of Europe, Recognising that the Member States of the Council of Europe, adopt the child custody rulings, paramount importance is his well-being; Considering that, by means of agreements on child custody ruling on a wider recognition and enforcement, will be also provided more child welfare protection; Believing in this desirable in order to emphasize that the right of parents to a meeting is a normal consequence of the right to custody; Given the increase in the number of cases in which children have been illegally taken across international borders, and the difficulty of finding adequate solutions to problems that arise as a result of such things; Desiring to adopt appropriate rules to allow arbitrary continuous restoration of custody of children; Convinced of the desirability of reaching an agreement in order to meet the different needs and different circumstances; Desiring to establish judicial cooperation between Member States ' institutions, have agreed as follows: article 1 for the purposes of this Convention: (a) "child" means a person with citizenship of any country so long as it reaches 16 years of age, and while it doesn't have the right to decide on their living space according to their usual place of residence, their nationality law State law or law of the beneficiary country; (b) "establishment" means a judicial or administrative authority or official; (c) "judgment" in relation to a guardianship is the Authority's decision, insofar as it relates to the care of the child's identity, including the right to determine the child's place of residence or the right to meet with her; (d) "unlawful removal" means the movement of children across international borders in violation of State accepted and enforceable ruling on child custody; unlawful removal also includes: (i) the child shall not return back across the international boundary, this meeting of the child rights at the end of the period or any of the other end of the short stay in the territory of another State than the one in which child custody is realized; (ii) movement, which is later found to be illegal in the sense of article 12. Part 1 the central authorities article 2 each Contracting State determines the central authority that implements the functions provided for in this Convention. 2. Federal States and States with more than one legal system are free to define more than one central authority and to determine their competence. 3. The Secretary-General of the Council of Europe is aware of all the central authorities to be established in accordance with this article. 3. Article 1. national central authorities shall cooperate and promote the cooperation between the competent national authorities. They should work with all necessary diligence. 2. In order to facilitate the operation of this Convention, the Contracting States Central Authority: (a) provide the competent authority of the request for transfer, the provision of information relating to legal or factual questions about the proceedings in the case; (b) upon request, provide each other with information about their national law concerning child custody and any changes in those rules; (c) keep each other informed of any difficulties that may arise with regard to the application of the Convention and, as far as possible, eliminate obstacles to its application. 1. Article 4 any person contracting State has received a ruling on child custody and who wish to be considered for this award or enforced in another Contracting State is entitled to submit a request to this end any Contracting State to the central authority. 2. The request shall attach to the documents referred to in article 13. 3. the requested central authority, if not the country in which the request is executed, the central authority directly and immediately to send documents to the central authority. 4. Central Authority, upon request, may refuse to run if it is completely obvious that the provisions of this Convention are not met. 5. The central authority that has received a request, without delay, inform the applicant of the further progress of the request. 5. Article 1. the central authority of the beneficiary country to immediately perform or make it possible to carry out any action it considers appropriate, if necessary, propose the proceedings to their national competent authorities to: (a) open the possible whereabouts of the child; (b) to avoid injury to the child or the interests of the applicant, especially when applying any necessary temporary; (c) ensure the recognition or enforcement is sought; (d) ensure that the child's transfer to the applicant in cases where a decision is taken on the execution of judgments; (e) inform the Office of departure at the request of the measures taken and their results. 2. If the requested State to the central authority has reason to believe that the child is in another Contracting State in the territory, it is directly and immediately to send documents to the central authority of that State. 3. except for the repatriation expenses, each Contracting State undertakes not to request from the requesting payment for any of the activities referred to in the first paragraph, what in the name of the applicant, make the central authority of that State, including the procedural expenses and, if possible, the costs of legal assistance. 4. where recognition or enforcement is refused and if the requested State central authority considers that it must comply with the requirements of the applicant to propose in the State proceedings on the substance of the case, that authority must do everything possible to ensure the representation of the applicant in proceedings under conditions no less favourable than those available to a person who is a resident of this State and a citizen and for this purpose it may, among others, to initiate legal proceedings to the competent authorities of that State. 6. Article 1. subject to the respective national central authorities and by mutual agreement the third part of this article: (a) the requested State documents addressed to the central authority of that State shall be submitted in the official language or one of the official languages, or those attached to the translation in that language; (b) the requested State to the central authority, however, must accept documents that have been drawn up in English or French, or who are accompanied by a translation into one of these languages. 2. the documents sent to the requested central authority of the State, including the results of investigations carried out, can be drawn up in the official language or one of the official languages, or English or French. 3. a Contracting State may exclude wholly or partly from the first paragraph of this article "(b)" the application of the provisions of paragraph 1. If the Contracting State making such a reservation, any other Contracting State may also apply this reservation for that country.
2. part ruling of adoption and custody of children and restoration of article 7 adopted in one Contracting State ruling on custody are recognised and, if it is enforceable in the country of adoption, is executed in any other Contracting State. 8. Article 1. Unlawful removal in case the requested State central authority shall immediately take the measures necessary to restore the child's custody, if: (a) during the legal proceedings in the country in which the award was made, or the unlawful removal of past time, the child and his parents, the only nationality was this nationality and habitual residence was in the territory of the country, and (b) the request for restoration of custody has been submitted to the central authority within six months from the date of the removal of the unlawful. 2. If, in accordance with state law, the first paragraph of this article, the provisions cannot be fulfilled without the judicial authorities the help, none of this Convention, the following foundations for refusal cannot be applied to the proceedings. 3. If there is an officially approved by the competent authority agreement between the person who is the child's guardian and another person on the rendezvous this award to another person and a child being abducted abroad, by the end of the statutory period is not returned to the person who is the child's guardian, guardianship of the child in accordance with this article to restore the first paragraph of point "b" and the second part. This provision is applicable, if the competent authority has adopted the following decision on the assignment of a person who is not the child's guardian. 9. Article 1. Other unlawful removal in cases other than those referred to in article 8, where a request is sent to the central authority within six months from the date of departure, recognition and enforcement may be refused only if: (a) a ruling is accepted by the defendant or his legal representative and the defendant's absence, given time was passed the document initiating the proceedings or the equivalent document, in order to prepare themselves for the protection of his or her interests; but the non-transmission of documents can not be the basis for acceptance or rejection of the execution, if the documents were not released because the respondent had concealed its location from the person who proposed the proceedings in the country of origin of the award; (b) ruling has been accepted by the defendant or his legal representative's absence, and the ruling authorities accepted jurisdiction were defined: (i) the defendant's usual place of residence, or (ii) after the last joint parents of usual residence, if at least one of the parents still live there permanently, or (iii) after the child's usual place of residence; (c) the judgment is irreconcilable with a decision on custody, which became enforceable in the requested State, before the departure of the child unless the child's usual place of residence was not in the country of dispatch, at the request of at least one year before his departure. 2. If the request is not sent to the central authority, the first part of this article shall also apply where the recognition and enforcement is sought during six months from the date of the unlawful removal. 3. foreign judgment does not in any event be reviewed as to its substance. 10. Article 1. in other cases than those referred to in article 8 and 9, recognition and enforcement may be refused not only on the basis of the provisions of article 9, but also any other following cases: (a) if it is found that the effect of the judgment is manifestly incompatible with the requested State family and child law principles; (b) if it is established that due to changes in circumstances including the time elapsed, but excluding only the place of the child's life after the unlawful removal, the consequences of the original ruling no longer clearly not in accordance with the child's welfare; (c) if the country of origin of the ruling legal proceedings: (i) the child had requested a State citizen or resident, and with the country of origin of the award has not been such communication; (ii) the child was both the ruling and the origin of the requested State, and his habitual residence was in the requested State; (d) if the ruling is not compatible with the requested State, or the adopted ruling earlier taken in a third country and is enforceable in the requested State, according to proceedings instituted prior to recognition and enforcement, and if the refusal to meet the child's well-being. 2. in the cases referred to above, recognition or enforcement proceedings may be suspended: (a) if the original has been launched in the ordinary appeal against rulings; (b) if the requested State proceedings for custody of the child, and it is launched before the ruling in the country of origin; (c) if enforcement proceedings are initiated for another ruling on the child custody case or any other proceedings relating to recognition. 11. Article 1 of the Award meeting law and rules on custody ruling them, touching encounters right, recognised and enforceable under the same conditions as other decisions relating to custody. 2. the requested State, however, the competent authority may prescribe the conditions for the meeting and the application of the law, especially in the light of the commitment expressed by the parties on this issue. 3. If the judgment has not been adopted for the meeting or if a decision on the recognition of custody or execution request is denied, the requested State central authority may turn to their national competent authorities with a request to give judgment on rights when meeting a person who requires the recognition that meeting requests it. Article 12 where a Contracting State has not adopted enforceable judgment on the child's custody when he is abducted across international borders, the provisions of this Convention shall apply to any subsequent ruling relating to the child's custody and to admit unlawful removal, if such a ruling is accepted in a Contracting State at the request of the interested party. Part 3 of the article 13 process 1 request for ruling on the recognition and enforcement of custody in another Contracting State must be accompanied by: (a) a document that authorizes the State requested central authority to act on behalf of the applicant or to designate another representative for this purpose; (b) the necessary conditions of authenticity of the copy of the judgment; (c) if the judgment accepted the defendant or his legal representative's absence, the document that certifies that the defendant timely issued document initiating proceedings or other equivalent document; (d) if necessary, any document which certifies that, in accordance with the ruling of the country of origin rules, the ruling is enforceable; (e) if possible, the opinion that indicates the real or potential child the location of the requested State; (f) a proposal for the child's custody would be renewable. 2. The above-mentioned documents, if required, is provided with a translation in accordance with the provisions of article 6. Article 14 each Contracting State ruling on child custody in recognition and enforcement are quick and easy-apply procedural actions. For this purpose, it shall ensure that the execution of the request may be in the form of a simple application. 1. Article 15 before the award is made in accordance with article 10, first paragraph, point "b" of the requested State the authority: (a) ascertain the views of the child, unless it is not likely, especially considering his age and understanding; and (b) may require any appropriate investigation. 2. the costs of the investigation in any Contracting State shall be borne by the authorities of the country in which this investigation. 3. the request for the investigation and the results of the investigation can be sent to the authority concerned to the central authorities. Article 16 in accordance with this Convention, does not require legalisation or other similar formality.
4. share reservations article 17 1. Contracting State may make a reservation that article 8 and 9 or in one of those articles where a decision on the recognition and enforcement of custody may be refused in any of the cases set out in article 10, which can be specified in the disclaimer. 2. a Contracting State which has made the reservation referred to in the first subparagraph, adopted the recognition and enforcement may be refused in any other Contracting State to any additional conditions, referred to in this disclaimer. Article 18 the Contracting State may make a reservation, in accordance with which it does not recognise herself as binding the terms of article 12. The provisions of this Convention shall not apply to article 12 referred to decisions delivered in a Contracting State which has made such a reservation. Part 5 Other provisions article 19 this Convention shall not preclude the application of any other between ruling the country of origin and the requested country existing international agreements or any other requested national rules that are not derived from international agreements, for the purpose of achieving recognition or enforcement. 20. Article 1 this Convention does not affect any obligations of the Contracting State which may be against a State which is not a Contracting State under an international agreement that regulates the same issues, as this Convention. 2. If two or more Contracting States have adopted uniform laws on child guardianship or created special recognition or enforcement system in this area or if they intend to do so in the future, they are free to apply in these rules or the system of the Convention site, or any portion of the site. To make use of this provision, States shall notify its decision to the Secretary-General of the Council of Europe. Must be notified of any amendments to that decision or its withdrawal. Part 6: final provisions article 21 this Convention shall be open for signature by the Member States of the Council of Europe. It is ratificējam, or to be acceptable. Instruments of ratification, acceptance or approval are deposited with the Secretary-General of the Council of Europe. 22. Article 1 this Convention shall enter into force on the first day of the month following the expiration of three months after the date of the three Member States of the Council of Europe have expressed their consent to be bound by the fact that the Convention is in accordance with the provisions of article 21. 2. In respect of any Member State which subsequently expresses its consent to the fact that the Convention is binding, it shall enter into force on the first day of the month following the expiration of three months after the deposit of instruments of ratification, acceptance or approval following the. 23. Article 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State to join, which is not a Member State of the Council of Europe with the majority decision that article 20 of the Statute of the set b, and to participate in the Committee unanimously authorized the votes of the representatives of the Contracting States. 2. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the instrument of accession. 24. Article 1 any State signing this Convention or when depositing its instrument of ratification, acceptance, approval or accession, define the territory or territories to which this Convention applies. 2. any State may at any later time extend this Convention to any other territory specified in the Council of Europe addressed to the Secretary-General of the notification. In respect of such territory the Convention shall enter into force on the first day of the month following the expiry of three months after the European Council addressed to the Secretary-General of the notification. 3. each communication submitted under the two previous parts of the article in respect of any territory mentioned in such notice, may be withdrawn by a notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the first day of the month following the expiry of six months from the date on which the Secretary General of the Council of Europe has received such notification. 25. Article 1. country has two or more territorial units in which with respect to child custody and a decision on the recognition and enforcement of custody are applied to different systems of law, signing the Convention or depositing an instrument of ratification, acceptance, approval or accession, declare that this Convention shall apply to all its territorial units or to one or more of them. 2. The following State may at any later time by notification addressed to the Secretary General of the Council of Europe to extend this Convention to any other territorial units. For such entities, the Convention shall enter into force on the first day of the month following the expiry of three months after the European Council addressed to the Secretary-General of the notification. 3. any declaration made under this article to the two preceding paragraphs may, in respect of any such territorial units referred to in the Declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the first day of the month following the expiry of six months from the date on which the Secretary General of the Council of Europe has received such notification. 26. Article 1. with regard to the country in which the custody cases have two or more specific areas of law applicable: (a) the reference to the person's usual place of residence or the law of nationality of the person of the country as a reference to create this country legal provisions in force, the legal system, or, if such rate is not, to the legal system with which the person concerned is most closely connected; (b) a reference to a ruling of the country of origin or to the country requested the case developed as a reference to the territorial unit in which the ruling is requested for guardianship or custody of the renewal of recognition or execution. 2. the first paragraph of this article, an "a" item, the change in circumstances, also apply to the countries where guardianship cases have two or more personal to the applicable legal system. Article 27 1. any State may, when signing this Convention or when depositing its instrument of ratification, acceptance, approval or accession, declare that it shall take one or more reservations in accordance with article 6 of this Convention, the third paragraph of article 17 and article 18. No other reservations may not be made. 2. any Contracting State may wholly or partially withdraw in accordance with the previous part of this article, the disclaimer about submitting a notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the day on which the Secretary receives such notification. Article 28 After expiry of three years from the date of entry into force of the Convention and, on his own initiative, at any other time the Secretary General of the Council of Europe shall invite the Contracting States the central authorities appointed representatives to the meeting with the aim to study and promote the Convention. Any Member State of the Council of Europe, without being a party to the Convention, may be represented as observers. For each such report prepared for the meeting, which will send the information to the Committee of Ministers of the Council of Europe. 29. Article 1. Any Contracting State may at any time denounce this Convention by notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect on the first day of the month following the expiry of six months after the Secretary General of the Council of Europe has received such notification. Article 30 the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and all parties to this Convention, the States of: (a) any signature; (b) in each case where storage is provided in the instrument of ratification, acceptance or accession; (c) the date of entry into force of this Convention in accordance with its 22, 23, 24 and 25 article; (d) any other Act, notification or communication in accordance with this Convention. Above, the Convention has been signed by the duly authorized persons. Signed in Strasbourg on 20 May 1980, in the English and French languages, both texts have equal legal force, in one copy, which is stored in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe and to any State invited to accede to this Convention.