About The Hague Convention On International Child Abduction Civil Aspects

Original Language Title: Par Hāgas konvenciju par starptautiskās bērnu nolaupīšanas civiltiesiskajiem aspektiem

Read the untranslated law here: https://www.global-regulation.com/law/latvia/7836733/par-hgas-konvenciju-par-starptautisks-brnu-nolaupanas-civiltiesiskajiem-aspektiem.html

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The Saeima has adopted and the President promulgated the following laws: The Hague Convention on international child abduction civil aspects of article 1. 25 October 1980 Hague Convention on international child abduction civil aspects (hereinafter referred to as the Convention) with this law is accepted and approved.
2. article. In accordance with article 6 of the Convention, the institution responsible for the Republic of Latvia is a State children's rights protection Center.
3. article. In accordance with article 24 of the Convention, the second part of the Republic of Latvia is not accepted translations of documents in French.
4. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language.
5. article. The Convention shall enter into force on its article 38 in the specified time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
The law adopted by the Parliament in October 4, 2001.
 
State v. President Vaira Vīķe-Freiberga in Riga, 2001 October 23 editorial Note: the law shall enter into force on 23 October 2001.
 

Convention On the Civil Aspects Of International Child Caesar the States signatory to the present Convention Firmly convinced that the interests of children are of paramount in matters relating the importanc their custody (menu Rngton Line4) to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensur a their prompt return to the State of their habitual residence , as well as to secure protection for rights of access, have resolved to conclud a Convention to this effect, and have agreed upon the following provision in Chapter I-scope OF the CONVENTION article I the objects of the present Convention with — a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and (b)) to ensur that rights of custody and of access under the law of one Contracting State to effectively respected in the other Contracting States.
Article 2 the Contracting States shall take all appropriate measure to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most of expeditio procedures available.
Article 3 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 operations of «arise by 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.
Article 4 of the Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child will attain the age of 16 years.
Article 5 For the purpose of this Convention: (a) the ' rights of custody ') shall include rights relating to the care of the person of the child and, in particular, the right to determin the child's place of residence (b)) ' rights of access ' shall include the right to take a child for a limited period of time to a place other than the child's habitual residence.
Chapter II-CENTRAL authorities article 6 A Contracting State it shall a Central Authority designat discharge the duties which are imposed by the Convention upon such authorities.
Federal States, States with more than one system of law or States having autonomous territorial organizations shall be free to appoin to more than one Central Authority and to specify the territorial exten of their power. Where a State has appointed more than one Central Authority, it shall designat the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.
Article 7 the Central authorities shall co-operate with each other and promote co-operation to the competent authorities the amongs in their respectiv State to secure the prompt return of children and to achieve the other objects of this Convention.
In particular, either directly or through any intermediary, they shall take all appropriate measure — a) to discover the whereabout of a child who has been wrongfully removed or retained;
(b)) to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measure;
c) to secure the voluntary return of the child or to bring about an amicabl resolution of the issues;
(d)), where the exchange of, information relating to desirabl the social background of the child;
(e) to provide information of a) general character as to the law of their State in connection with the application of the Convention;
(f)) or facilitat initiat the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access;
(g)) where the so require it of circumstanc provides or facilitat the provision of legal aid and advice, including the participation of legal counsel and adviser;
(h)) to provide such administrative arrangements as may be not appropriate to secure cessary and the safe return of the child;
I keep each other informed with it) in respect to the operation of this Convention and, as far as possible, it removes any of them it eliminat application.
Chapter III-RETURN OF CHILDREN article 8 Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.
The application shall contain: (a) information concerning the identity) of the applicant, of the child and of the person alleged to have removed or retained the child;
b) where available, the date of birth of the child;
(c)) the grounds on which the applicant's claim for return of the child is based;
(d) all available information relating to) the whereabout of the child and the identity of the person with whom the child is presumed to be.
The application may be accompanied or supplemented by an authenticated copy of e.) any relevant decision or agreement;
(f) a certificate or an affidavit) to the Central Authority or others emanating from a competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State;
g) any other relevant document.
Article 9 If the Central Authority which receive an application of referred to in article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.
Article 10 the Central Authority of the State where the child is shall take or cause to be taken all appropriate measure in order to obtain the voluntary return of the child.
Article 11 the judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.
If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of the of the proceedings commencemen, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.
Article 12 where a child has been wrongfully removed or retained in terms of article 3 and, at the date of the of the commencemen proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.
The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.
Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or to dismis the application for the return of the child.
Article 13 Notwithstanding the provision of the preceding article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which it returns the oppos establish that a person, institution or) the other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention , or had consented to or subsequently acquiesced in the removal or retention; or (b)) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerabl of the situation.

The judicial or administrative authority may also order refus to the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.
In considering the referred to in this of circumstanc article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.
Article 14 In ascertaining whethers there has been a wrongful removal or retention within the meaning of article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognized or not in the State of the habitual residence of the child, without recourses to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be an applicable.
Article 15 the judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of article 3 of the Convention , where such a decision or determination may be obtained in that State. The Central authorities of the Contracting States shall so far as it practicabl the assist applicants obtain such a decision or determination.
Article 16 After receiving notice of a wrongful removal or retention of a child in the sense of article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the Merritt of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.
Article 17 the sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.
Article 18 the provision of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.
Article 19 A decision under this Convention concerning the return of the child shall not be taken to be a determination on the Merritt of any custody issue.
Article 20-the return of the child under the provision of article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedom.
Chapter IV: rights OF access article 21 An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central authorities of the Contracting States in the same way as an application for the return of a child.
The Central authorities are bound by the obligation of cooperation which set forth in the article 7 to promote the peaceful enjoymen of access rights and the fulfillment of any conditions to which the exercise of those rights may be subject. The Central authorities shall take steps to remove, as far as possible, all of them removes the exercise of such rights.
The Central authorities, either directly or through intermediar, initiat or Maya assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.
Chapter V-the GENERAL PROVISION of article 22 of the security, bond or deposit, however described, shall be required to guarantee the payment of costs and expense in the judicial or administrative proceedings falling within the scope of this Convention.
Article 23 of the legalization or similar formality may be required in the context of this Convention.
Article 24 Any application, communication or other document sent to the Central Authority of the requested State shall: a be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasibl, a translation into French or English.
However, a Contracting State may, by making a reservation in accordanc with article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
Article 25 the National of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.
Article 26 Each Central Authority shall bear its own costs in applying this Convention. Central authorities and other public services of Contracting States shall not impost any charges in relations to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expense of the proceedings or, where applicable, those arising from the participation of legal counsel or adviser. However, they may require the payment of the expense incurred or to be incurred in the implementing the return of the child.
However, a Contracting State may, by making a resonation in accordanc with article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or adviser or from court proceedings, except insofar as those costs be may be covered by its system of legal aid and advice.
Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay the expense incurred by cessary or not on behalf of the applicant, including travel expense, any costs incurred or payments made for locating the child , the Costa of legal representation of the applicant, and those of returning the child.
Article 27 When it is manifest that the requirements of this Convention are not fulfilled or that the application is not well founded othervis, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.
Article 28 (A) the Central Authority may require that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or their representative so it a designat Act.
Article 29 this Convention shall not preclud any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, or not under the whethers provision of this Convention.
Article 30 Any application submitted to the Central authorities or directly to the judicial or administrative authorities of a Contracting State in accordanc with the terms of this Convention, together with documents and any other information appended or provided by a Central theret the Authority, shall be admissibl in the courts or administrative authorities of the Contracting States.
Article 31 In relations to a State which in matters of custody of children has two or more systems of law applicable in different territorial units – a any reference to habitual residence) in that State shall be construed as referring to habitual residence in a territorial unit of that State;
(b)) any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resident programs.
Article 32 In relations to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
Article 33 (A) A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.
Article 34 this Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the lawapplicabl in respect of the protection of the minor, as between parties to both the Convention. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purpose of obtaining the return of a child wrongfully removed or who has been retained or of organizing access rights.
Article 35 this Convention shall apply as between Contracting States only to wrongful removal or retention is occurring after it's entry into force in those States.
Where a declaration has been made under article 39 or 40, the reference in the preceding paragraph, a Contracting State it shall be taken to refer to the territorial unit or units to which this Convention in the relations applies.
Article 36

Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restriction to which the return of the child may be subject, from agreeing among themselves to any provision of derogat from this Convention which may imply such a restriction.
Chapter Vl-FINAL article 37 of COMMISSION 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 Fourteenth Session.
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.
Article 38 Any other State may accede to the Convention.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.
The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; This Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.
The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.
Article 39 Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enter into force for that State.
Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 40 If a Contracting 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 this 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 Any such declaration shall be notified to the The Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.
Article 41 where a Contracting State has a system of Government under which Executive, judicial and legislative power is distributed between central and with other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of article 40 shall carry out the internal implications as the distribution of powers within that State.
Article 42 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 39 or 40, make one or both of the reservations provided for in article 24 and article 26, third paragraph. Other reservation shall be permitted.
Any State may at any time withdraw a reservation it has made. The withdrawals shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
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 43 the Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in articles 37 and 38. Thereafter the Convention shall enter into force – (1) for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification acceptance, approval or accession,;
(2) for any territory or territorial unit to which the Convention has been extended in conformity with article 39 or 40, on the first day of the third calendar month after the notification referred to in that article.
Article 44 of the Convention shall remain in force for five years from the date of its entry into force in accordanc with the first paragraph of article 43 even for States which have ratified, accepted, subsequently approved it or acceded to it. If there has been of the denunciation, it shall be tacitly renewed stands out among every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.
The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
Article 45 the Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States members of the Conference, and the States which have acceded in accordanc with article 38, of the following: (1) the signature and ratification, acceptance and approval of the referred to in article 37;
(2) the accession of the referred to in article 38;
(3) the date on which the Convention enter into force in accordanc with article 43;
(4) the extensions referred to in article 39;
(5) the declarations referred to in articles 38 and 40;
(6) the reservations referred to in article 24 and article 26, third paragraph, and the withdrawals referred to in article 42;
(7) the denunciation is referred to in article 44.
In witness whereof the undersigned, being duly authorized, have signed the theret this Convention.
Done at the Hague, on the 25th day of October, 1980, 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 Fourteenth Session.
 

Convention on international child abduction criminal law aspects of the States which have signed this Convention, being firmly convinced that the best interests of the child is of paramount importance in matters relating to their custody, desiring to protect children internationally from the adverse effects resulting from their wrongful removal or retention, and develop actions that ensure rapid return to their country of residence, as well as to ensure the protection of the rights of the attendance , decided to conclude in this regard, the Convention and have agreed upon the following provisions: chapter I scope of the Convention article 1 aim of the Convention is to (a) ensure that child) unlawfully removed to or detained in any of the Contracting Parties, quick return; and (b)) to ensure that the right to custody and attendance in accordance with the law of one Contracting Party are respected in other Contracting Parties.
Article 2 the Contracting Parties shall take all appropriate measures to ensure that the aims of the Convention in their territories. To this end, they must take the most effective steps possible.
3. Article removal or retention of a child is considered wrongful if-(a)) in accordance with the law of the country in which the child permanently lived immediately before the removal or retention, it is the person, institution or other institutions, alone or jointly, the right to custody;
(b)) at the time of the abduction a person, institution or other body which alone or jointly, actually realizing these rights, or if it should be implemented, not to hinder the removal or retention.
(A) of this article) referred to the right to custody may be established by law, with the judicial or administrative decision, or by an agreement which, in accordance with national legislation has legal effect.
Article 4 of the Convention shall apply to any child who was a permanent resident in a Contracting Party directly before any right to custody or visitation violation. The Convention is not applicable to children who have reached 16 years of age.
Article 5 for the purposes of this Convention: (a) "the right to custody)" shall include rights relating to the care of the child and, in particular, the right to determine the child's place of residence (b)) "the right to the attendance '' includes the right to take you to a specific time period a child to a place other than the child's habitual residence.
Chapter II-central authorities article 6 the contracting party must mean the central authority carrying out obligations under the Convention must comply with the following institutions.
Federal States, States with more than one system of law or States having autonomous territorial units may provide more than one central authority and to specify the allocation of powers to the territories. If the country has established more than one central authority, it must mean the central authority, which will be addressed in a request for transfer to the relevant central authority in the country.
Article 7

The central authorities must make mutual cooperation as well as promote cooperation in relevant national competent authorities in order to ensure a quick return of the children and to achieve other objectives of this Convention.
These authorities, directly or through an intermediary, must take the following appropriate measures: (a)) to find out the child who is unlawfully abducted or detained;
(b) to prevent further threats) to the child or prejudice to interested parties by taking or provisional measures, promoting the implementation of the measures;
(c) to ensure the child's) voluntary return or to find a peaceful settlement of the issue;
d) needed to carry out the exchange of information on the social situation of the child;
e) provide general information on the national legislation relating to the application of the Convention;
f) to propose or contribute to judicial or administrative proceedings, to order the child's return, and when necessary, to take appropriate measures to ensure the right to organize or to the effective realization of the visit;
g) provide or contribute to the legal aid and advice, including the participation of legal counsel or Advisor, if circumstances so require;
(h)) to carry out such other administrative measures that may be necessary and appropriate to ensure the safe return of the child;
I) informed on the mutual operation of the Convention and, where possible, to eliminate any obstacles hampering the application of the Convention.
Chapter III-return of children article 8 any person, institution or other body shall notify the removal or retention of a child in violation of the right to custody, may submit an application for assistance the child's habitual residence or to the central authority of any other Contracting Party to the central authority, to ensure the child's return.
The request must include: (a) information on the applicant) of the child and the person is considered a child or aizvedēj interceptor, identity;
(b)), if known, the date of birth of the child;
(c) the grounds on which) based on the applicant's request for the return of the child;
d) all available information on the possible location of the child and the identity of the person with whom the child is likely to be.
The request can be added or it may be supplemented by any relevant-e), or with the agreement of the decision a copy of the authentic;
(f)) or the Contracting Parties, in which the child is domiciled, the central authority or other competent authority, or the competent persons, issued a sworn, written testimony, in accordance with national legislation;
g) any other relevant document.
Article 9 If the central authority which receives a request referred to in article 8 has reason to believe that the child is in another Contracting Party, it shall directly and without delay transmit this request of the contracting party to the central authority and inform the requesting central authority or applicant, if this is possible.
Article 10 the Contracting Party in which the child, the central authority carry out or arrange to be carried out relevant measures to ensure the voluntary return of the child.
Article 11 the Contracting Parties to the courts or administrative authorities, through the child's return procedure, must act quickly.
If the judicial or administrative authorities which have jurisdiction, have not adopted decision 6 weeks from the date of commencement of the proceedings, the applicant or the central authority of the beneficiary country, on its own initiative or at the request of the applicant State to the central authority, have the right to ask for an explanation of the reasons for the delay. If a response is requested central authority of the beneficiary country, it shall forward the applicant's reply to the central authority of the country or, depending on the circumstances: the applicant.
Article 12 where a child has been wrongfully removed or detained under article 3 of these rules and, if in starting a case, the Contracting Party in which the children, court or administrative body in less than a year has passed since the wrongful removal or retention date, the authority has jurisdiction over, we need the return of the child forthwith.
The Court or administrative authority, even if the proceedings initiated on this article referred to in the first subparagraph within one year of the expiry of the order for return of the child, unless it is proven that the child has developed a new environment.
If a court or administrative authority in the country of the applicant has reason to believe that a child has been abducted to another country, it may stay the proceedings or dismiss the application for the child's return.
Article 13 despite the previous article, the requested Contracting Party to the Court or administrative authority is not obliged to order the return of the child if the person, institution or other body which opposes the return of the child to prove that a person, a body) or any other authority, which is taking on the care of the child, his removal or retention have not used their rights to custody or has agreed to the removal or retention or not objected to it; or (b)) if there is a serious risk that his or her return to be the child physical or psychological harm, or otherwise intolerable situation.
The Court or the administrative authority may refuse to order the return of the child if it becomes known that the child object to return and has reached the appropriate age and degree of maturity to be able to answer about their beliefs.
Considering the conditions laid down in this article, the courts or administrative authorities must take into account the information relating to the social situation of the child and the child's habitual residence provided by the central authority or other competent authority.
Article 14 or is found to have been a wrongful removal or retention within the meaning of article 3, the recipient country or administrative authority of the Court by the Court or administrative decisions can immediately draw attention to law, formally recognized or not in the child's country of residence, without taking specific actions demonstrate this law or foreign decision that would apply for recognition.
Article 15 the Contracting Parties, the Court or the administrative authorities prior to the order for return of a child, may request that the applicant's place of habitual residence of the child public authorities obtain a decision or any other confirmation that the removal or retention in accordance with article 3 of the Convention had been unlawful, if such a decision or approval can be obtained. Central authorities of the Contracting Parties, as far as is possible, should help applicants to obtain such a decision or approval.
16. article after the notification of the unlawful removal or retention within the meaning of article 3 of the receiving contracting party to which the abducted child or where it is suspended, the courts or administrative authorities should not decide on the merits of custody rights, as long as it is determined that a child under this Convention will not return unless an application under this Convention is not lodged within a reasonable time after the receipt of the notification.
17. Article and only the fact that a decision relating to custody has been submitted or is recognised in the requested Contracting Party, may not be grounds for rejecting the return of the child under this Convention, but the requested Contracting Parties by the judicial or administrative authorities may specify the grounds for its decision in applying this Convention.
Article 18 the provisions of this chapter do not limit the Court or administrative authority of the right at any time to order the child's return.
Article 19 decision taken in accordance with this Convention and is linked to the return of the child should not be considered as essentially the establishment of guardianship.
Article 20 the return of the child in accordance with the provisions of article 12 may be refused if it does not allow the application of the fundamental principles of the beneficiary country of the human rights and fundamental freedoms.
Chapter IV: rights to attendance article 21 request for measures to ensure the right to organize or to the effective realization of the visit, may submit to the central authorities of the Contracting Parties in the same order as a request for the return of the child.
The central authorities in accordance with article 7 has an obligation to work together to promote the right to the peaceful enjoyment of attendance and of any conditions to which the rights may apply. The central authorities must take measures to prevent as far as possible, all those obstacles of the implementation of the law.
The central authorities, either directly or through intermediaries, may initiate or support the initiation of proceedings to ensure or protect these rights and to provide the conditions to which those rights may be subject to compliance.
Chapter v-General provisions article 22 Nor the securities, not bonds or deposits, even if they are described, can not claim to guarantee the cost and expense payments in connection with judicial proceedings or administrative activities, relevant to the scope of this Convention.
Article 23

The meaning of this Convention is not legalization or a stake similar formality.
Article 24 Any demand, notice or other document sent to the beneficiary countries of the request, the central authority must be in the original language and must be accompanied by a translation in an official language of the recipient country demand or one of its official languages or, where this is not possible, a translation into French or English.
However, the contracting party submitting the reservation in accordance with article 42, shall be entitled to refuse to use French or English, but not both, in any request, communication or other document sent to the central authority.
Article 25 on matters related to the application of this Convention, the Contracting Parties ' citizens and persons who are permanently resident in the country, has the right to legal assistance and advice to the other of the Contracting Parties under the same conditions as if they were citizens of that Contracting Party, or permanent residents.
Article 26 application of this Convention to each central authority shall bear its own costs. Central authorities and other Contracting Parties, the national authorities shall not impose any charge for requests that are submitted in accordance with this Convention. In particular, they shall not be entitled to claim any payment from an applicant for costs and expenses incurred or, if it is possible for the costs resulting from the participation of legal counsel or advisers. However, they are entitled to request to cover the expenses incurred or will occur, making the return of the child.
However, the Contracting Parties, referring to article 42, shall be entitled to declare that it does not have to bear any of the costs referred to in the first paragraph of this article and are associated with a legal adviser or Counsellor admitted or legal proceedings, except when such costs may be covered by the legal aid and counsel.
Requiring the return of the child or when sending a request for the right to the attendance in accordance with this Convention, the Court or the administrative authorities may order the person taking or detaining or prevented the use of the right to access, to pay necessary expenses incurred by the claimant or his authorized person, including travel expenses, any costs or payments made to children's House, the costs of legal representation and costs associated with the return of the child, depending on the circumstances.
Article 27 where it is found that the requirements of this Convention are not fulfilled or that the application is unfounded, the central authority may reject it. In that case, the central authority shall inform the applicant or the central authority through which the application was filed, the reasons for the rejection.
Article 28 the central authority may require that the request be accompanied by a written authorization empowering it to act on behalf of the applicant or representative means to do so.
Article 29 this Convention shall not prejudice any person, institution or other body which believes that's what happened to the right to custody or visitation violation of article 3 or 21, apply directly to the courts of the Contracting Party or the administrative authorities in accordance with this Convention or other provisions.
Article 30 any request submitted to the central authorities or directly to the Contracting Parties the courts or administrative authorities in accordance with the provisions of the Convention, together with documents and any other information attached to it, or by the central authority of the Contracting Parties is acceptable to the courts or administrative authorities.
Article 31 in relation to a State which in matters of custody of children there are two or more systems of law applicable in different territorial units, a) any reference to habitual residence in that State in the same way as the iztulkojam reference to habitual residence in a territorial unit the country;
(b)) any reference to habitual residence law iztulkojam as a reference to the national law of the territorial unit in which the child resides.
Article 32 in respect of the country in which the child custody matters, there are two or more systems of law applicable to different categories of persons, any reference to the law of iztulkojam as a reference to the national legal system.
Article 33 States in which various territorial units have different laws on the right to child custody is not bound to apply this Convention where a State with a unified system of law is not forced to do so.
Article 34 of the Convention, which is also binding on 5 October 1961, the Convention concerning the powers of authorities and the law for the protection of minors in matters of the Convention priority is given in the Convention.
Turn on a child that is abducted or illegally detained, the return or the provision of the right to visit this Convention is without prejudice to any other existing international documents between the application of the country of origin and the country of destination or any other destination country.
Article 35 of the Convention shall apply between the Contracting Parties to the wrongful removal or retention only after its entry into force in those States.
39. In accordance with article 40 of and is expressed in the Declaration, the first part of this article, reference to the Contracting Parties subject to the territorial unit or territorial units to which this Convention shall apply.
Article 36 nothing in this Convention shall prevent two or more Contracting Parties with the aim to soften restrictions on the return of the child, from a mutual agreement for any non-application of the provisions of the Convention, which include the following restrictions.
Chapter VI – final clauses article 37 of this Convention opened for signature by the States which had the Hague Conference on private international law the 14th session.
Convention may ratify, accept or approve, and the instrument of ratification, acceptance and approval deposited instruments of the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 38 any other State may accede to the Convention. Accession by the Kingdom of the Netherlands deposited in the Ministry of Foreign Affairs.
The country, which joined the Convention, it shall enter into force on the third calendar on the first day of the month following the deposit of the instrument of accession. Accession shall take effect only in relations between the State, which has acceded to this Convention and any Contracting Party which has declared that it accepts the accession. Such a declaration shall also be submitted to each Member State that ratifies, accepts or approves the Convention after an accession. This Declaration was deposited by the Kingdom of the Netherlands Ministry of Foreign Affairs. This Ministry, through the diplomatic channel, transmitted certified copies of documents to each Contracting Party.
Between the State and the country that has declared its consent on its accession, the Convention shall enter into force on the third calendar on the first day of the month following the deposit of the Declaration of accession.
Article 39 any Government signing the instrument of ratification, acceptance, approval or accession is entitled to declare that the Convention shall apply to all the territories for the international relations of which it is responsible, or to one or more of them. Such declaration shall take effect until the entry into force of the Convention in the country.
Such a declaration, as well as any subsequent extension of the Convention, will be reported to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 40 If the contracting parties there are two or more territorial units in which are applied to different systems of law in matters of the Convention, the signing of the instrument of ratification, acceptance, approval or accession, it may declare that this Convention is in force in all its territorial units or in one or more of them, and has the right to amend this statement at any time by submitting another declaration.
For each such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, and it must indicate clearly the territorial units to which the Convention applies.
Article 41 If the contracting parties there is a system of Government under which this country Executive, judicial and legislative power is distributed between Central and other authorities, the signing of this Convention, the ratification, acceptance or approval of this Convention or of accession any expression of the Declaration in accordance with article 40 shall not be regarded as interference in this country's internal power.
42. Article each State not later than the instrument of ratification, acceptance, approval or accession, or by submitting a declaration, in accordance with article 39. and 40 time can submit one or both of the reservations provided for in article 24 and article 26, third paragraph. No other reservations are not permitted.
Each State may at any time withdraw a reservation which it has made. The recall will be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Reservations lapse in the third calendar on the first day of the month following the notification referred to in the first paragraph of this article.
Article 43 of the Convention shall enter into force on the third calendar month after the first day of the third instrument of ratification, acceptance, approval or accession referred to in article 37 and 38, together.

After the Convention enters into force — (1) in each State that ratifies, accepts, approves or accedes to it later, the third calendar on the first day of the month following the date of deposit of the instrument of ratification, acceptance, approval or accession with the depositary;
(2) in any territory or territorial unit to which the Convention has been extended in accordance with article 39, 40 and third calendar on the first day of the month following the notification referred to in that article, the date of filing.
Article 44 of the Convention is in force for five years from the date of entry into force in accordance with the first subparagraph of article 43 of the same countries that ratified it, later adopted, approved or acceded to it.
If the Convention is not denounced, its duration is the updated every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the five-year period expires. It may be limited to certain areas or territorial units to which the Convention applies.
The denunciation shall only apply to the country in which it is declared. The other Contracting Parties to the Convention remains in force.
45. Article Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the Member States of the Conference and the countries which have acceded in accordance with article 38, on-(1) subscription and acceptance and approval for ratification, in accordance with article 37;
(2) in accordance with article 38;
(3) the date when the Convention enters into force in accordance with article 43;
(4) the extension of the application of the Convention in accordance with article 39;
(5) the Declaration in accordance with article 38 and 40;
(6) a reservation in accordance with article 24 and article 26, third paragraph, and withdrawal in accordance with article 42;
(7) any denunciation under article 44.
In witness whereof, the duly authorized, have signed this Convention.
Drawn up in 1980 in the Hague on October 25 in English and French, both texts being equally authentic, in a single copy, which deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy be sent through diplomatic channels for each of the Hague Conference on private international law the 14th session.

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