Key Benefits:
Law of 16 February 2006 implementing the Convention on jurisdiction, applicable law, recognition, implementation and cooperation in matters of parental competence, adopted in The Hague on 19 October 1996 (i) responsibility and measures for the protection of children and of Regulation (EC) No 3166 Council of the European Union, of 27 November 2003 on jurisdiction and the recognition of judgments in matrimonial matters and on parental responsibility, and repealing Regulation (EC) No 2201/2003 of 27 November 2003 1347/2000 (PbEU L 338), and amendment of the Civil Code, the Code of Civil Procedure and the Implementing Law EC-Enforcement Act (Implementing Law International Child Protection)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to provide legal provisions for the implementation of the Convention on jurisdiction, applicable law, recognition, which was established on 19 October 1996 in the Hague Convention. implementation and cooperation in matters of parental responsibility and measures for the protection of children (Trb. 1997, 299) and the Regulation (EC) 2201/2003 of the Council of the European Union of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and on parental responsibility, and repealing Regulation (EC) No 148/EC 1347/2000 (PbEU L 338) and also to amend the Civil Code , the Law of Civil Procedure and the Implementing Act EC-Enforcement Regulation ;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purpose of this Act:
-the Convention: the Convention on jurisdiction, applicable law, recognition, implementation and cooperation in matters of parental responsibility and measures adopted in the Hague on 19 October 1996. protection of children (Trb. 1997, 299);
-the regulation: the Regulation (EC) No 148/EC 2201/2003 of the Council of the European Union of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and on parental responsibility, and repealing Regulation (EC) No 148/EC 1347/2000 (PbEU L 338).
The Chapter 1 , 2 , 4 , 7 and 8 shall also apply to international issues of parental responsibility and measures for the protection of children not governed by the Convention or the Regulation.
1 Without prejudice to the provisions of Article 1 (a) of the European Convention on the Recognition and Enforcement of Decisions concerning the Authority of Children and on the Recovery of the European Parliament, which was established in Luxembourg on 20 May 1980, authority over children (Trb. (10) Article 4 of the Hague Convention on Civil Aspects of International Child Abduction (Trb), adopted on 25 October 1980 in The Hague. 1987, 139) and Article 2 of the Law of 2 May 1990 implementing those Treaties (Stb. 202), This law applicable to children who have not reached the age of 18 years.
2 Achieved a child in respect of which a request under the Convention, of the Regulation or of this Law is pending, the age of eighteen years, then the examination of that application shall be of its own motion. The same shall apply to measures for the implementation of a decision to a request.
1 Our Minister of Justice is designated for the Netherlands as a central authority, as provided for in Article 29 of the Treaty and in Article 53 of the Regulation.
2 The central authority shall be responsible for the functions of the central authority as defined in Chapter V of the Convention, Chapter IV of the Regulation. This central authority shall also be responsible as such to deal with requests for intervention in international matters of parental responsibility and measures to protect children, when they are not affected by the Convention. whether the regulation is governed. In the examination of these requests, the provisions of Chapter V of the Convention shall be complied with as far as possible.
3 In particular, the Central Authority shall take all appropriate measures to ensure that, in the circumstances in which the Convention, the Regulation or this Law applies, friendly solutions shall be made with regard to the the protection of the person or the ability of the child.
4 The designation of the central authority does not mean that a person directly turns to the court or other authorities in order to recognise parental responsibility over a child, the restoration of that person. to achieve responsibility for a child, or the adoption or amendment of a parental responsibility decision, or a measure to protect a child.
1 The central authority shall be empowered, if necessary, without the express authority of the person who has applied for it, to act on his behalf, other than in legal proceedings.
2 Without prejudice to the third paragraph of Article 5 of the European Convention on the Recognition and Enforcement of Decisions concerning the Authority of Children and on the Recovery of the European Parliament, which was established in Luxembourg on 20 May 1980, authority over children (Trb. Articles 1981, 10) and Article 26 of the Hague Convention on Civil Aspects of International Child Abduction (Trb), adopted on 25 October 1980 in The Hague. 139), the Central Authority itself shall bear all the costs associated with the execution of its mission.
The Central Authority may, in accordance with instructions to the Council, be responsible for the implementation of certain acts. The provisions of this Chapter shall also apply in respect of the Council.
The municipal authorities and civil servants shall provide the central authority with all information free of charge and shall, free of charge and free of charge, provide it with all copies and extracts from their registers which are the authority of that authority. asks in connection with the performance of its task.
1 If the central authority for the purpose of finding the residence of a child in the Netherlands is required to cooperate with the public authority, it may apply to the district attorney in the district where he is responsible for the provision of public power in the Netherlands. the child is believed to be staying, or else in the Arrondissement ' s-Gravenhage. The D.A. may, in accordance with his instructions, delegate the case to a prosecutor in another district if the discovery is likely to be carried out in that district.
2 The district attorney referred to in paragraph 1 shall give priority to a request for cooperation from the Central Authority.
3 The official of the police, appointed for the execution of the police task, who has been appointed to cooperate in the search for the whereabouts of a child, may enter any place to that effect, provided that it is reasonable for the person concerned to carry out his/her residence. It is necessary to carry out that task.
1 The decision to award, or to give care to, a child coming from the Netherlands in a foster family or in an institution in another State pursuant to Article 33 of the Treaty or Article 56 of the Regulation, is to be decided in the Netherlands taken by the Central Authority, referred to in Article 4, first paragraph .
2 The central authority shall send a reasoned request, accompanied by a report on the child, to the central authority or to the other competent authority of the State in which the placement or provision of care is to take place. It shall enter into consultation with that authority.
3 The decision referred to in the first paragraph shall be taken first after the central authority referred to in Article 4, first paragraph , the following documents have been received:
a. a written declaration by the persons or institution in which the placement or provision of care is to be made, proving their consent;
b. If desired, a report drawn up by the central authority or other competent authority in the country of placement showing the ability of the foster parent to provide foster care to the child;
(c) the assent referred to in Article 33, second paragraph, of the Convention or Article 56 (2) of the Regulation;
d. Where applicable, documents showing that the child has or will obtain a permit to enter the State where the placement or provision of care will take place, and for the purpose of placing or providing care a have or will obtain the right of residence in that State.
1 In the case of the placement of a child from another State in the Netherlands or the provision of care to such a child in a foster family or in an institution in the Netherlands pursuant to Article 33 of the Treaty or Article 56 of the Regulation, the agreement, as specified in the said Articles, to be given by the Central Authority, referred to in Article 4, first paragraph .
2 The agreement, referred to in paragraph 1, shall be given first after the central authority is referred to in Article 4, first paragraph The competent authority of the child's State of origin has received a reasoned request, accompanied by a report on the child and having received the following documents, which it shall send to the competent authority of the Member State in which the child is to be sent, accompanied by a report on the child. Authority of the country of origin of the child:
a. a written declaration by the persons or institution in which the placement or provision of care is to be made, proving their consent;
b. if desired, a report showing the fitness of the foster parent to provide foster care to the child;
c. where applicable, documents showing that the child has or will obtain a licence to enter the Netherlands and has or will obtain a right of residence in the Netherlands for the purpose of placing or providing care.
3 Notifications of foreign authorities, as referred to in Article 56, fourth paragraph, of the Regulation, shall be communicated to the Central Authority, as referred to in Article 56 (2) of the Regulation. Article 4, first paragraph That's a target. It shall send copies of these notifications to the Children's Protection Board and to the Immigration and Naturalisation Service.
1 If the requirements of Article 10 have not been complied with, the district attorney or the central authority may request the child court to be a certified institution as intended Article 1.1 of the Youth Act to charge the provisional custody of the child. This request may also be made by the Board of Children ' s Protection. Unless the Children ' s Court ruled a longer term of revocation of provisional custody, the council shall, within six weeks of the decision on the provisional custody of the judge, request that a provision be made to the law of the minor. to obtain. Article 241, fourth and fifth paragraphs ; and Article 306a of Book 1 of the Civil Code shall be applicable mutatis mutandis. Article 813, second paragraph, of the Code of Civil Procedure shall apply mutatis mutandis.
2 The custody of the child shall end, except in the previous case, at the time of commencement of custody of the child or of his or her placement with other persons or other institution, or his return to the country of origin. arranged.
3 The costs to be incurred by the child custody institution for the benefit of the child shall be borne by the person in whom the child is in breach of Article 10 was placed. The Articles 8.2.1 to 8.2.7 of the Youth Act shall be applicable mutatis mutandis.
1 Without prejudice to jurisdiction of the provision of provisions for interim measures, the court shall have jurisdiction over all cases relating to the procedure and the exercise of parental responsibility and measures to protect the rights of the persons concerned. children in international cases, except in so far as it concerns recognition, non-recognition and enforcement of foreign decisions.
2 The court shall be responsible for the knowledge of a case referred to in paragraph 1 if the child has habitual residence within its jurisdiction. In cases where the Convention or the Regulation grants competence to the authorities of the State of the Convention in which the child is not habitual, but is in possession of itself, the Court shall have jurisdiction in the courts of which The child shall be located. In cases where the Convention or the Regulation confers jurisdiction on the authorities of a State in which the child has neither his or her habitual residence nor is situated, the Court of Justice shall have jurisdiction in the Hague.
The cases of knowledge of which the court is based on the Article 12, first paragraph , jurisdiction shall be opened with a petition. The petition is filed by a lawyer. The application shall also be based on the choice of domicile within the district court.
Article 14 of the Implementing Law International Child Abduction (Stb. 1990, 202) shall apply mutatis mutandis in cases covered by the Convention, the Regulation or this Act.
1 The court of supply is competent to take note of all applications relating to the recognition, non-recognition and enforcement of judgments in respect of parental responsibility and measures to be taken for the purpose of establishing a the protection of children given under the Convention, in so far as recognition, non-recognition and implementation thereof are not governed by the Regulation. As regards leave for enforcement, the Articles 985 to 990 of the Code of Civil Procedure Not applicable.
2 In cases referred to in paragraph 1, jurisdiction shall be jurisdiction of the court within whose jurisdiction the person against whom enforcement is sought or a child to whom the application is sought is habitual residence. This is If none of these persons has habitual residence in the Netherlands, jurisdiction shall be jurisdiction of the court within whose jurisdiction the enforcement is to be carried out. If the power cannot be based on the grounds set out in this Article, the jurisdiction of the Hague Court shall be jurisdiction.
3 A decision on a request referred to in paragraph 1 shall be requested on the application of a petition. It's filed by a lawyer. The application shall also be based on the choice of domicile within the district court.
1 The provisions of the security of supply in respect of which a request was made to Article 15, first paragraph , has been submitted, shall give a ruling thereon without delay.
2 The leave of enforcement shall be enforceable in stock.
1 The court of which the court of provision referred to a request as referred to in Article 15, first paragraph , has had, takes notice of the appeal of that decision. Only the parties may appeal against the decision.
2 The appeal against a decision in which a request as referred to in Article 15, first paragraph , has been granted, must be set up within one month of the service of the decision. If the party against whom enforcement is sought has habitual residence abroad, the time limit for appeal shall be two months from the date of service of that party to that party in person. or to his address. The deadline cannot be extended on the basis of distance.
3 If appeal is appealed by the applicant and is directed against the refusal to make a request as intended Article 15, first paragraph It shall be set up within one month of the day on which the decision is made.
4 The court of appeal shall decide on the appeal of appeal without delay.
5 The appeal may be lodged in cassation against the order appealed against.
6 The court of appeal shall, on application by the party against whom enforcement is sought, hold the appeal in cassation to the Hoge Raad upon which appeal is lodged, if it is in the State of origin. the decision is an ordinary appeal, or the time limit has not yet expired. In the latter case, the court or tribunal may, on the other hand, fix a time limit within which the appeal must be brought.
7 If the judgment has given judgment on more than one part of the application and the implementation cannot be granted for the whole, the enforcement shall be authorized for one or more of those parts.
8 The applicant may request partial enforcement.
1 The court's provision of supply shall be responsible for the application of the requests referred to in Article 21 (3), (28) and (48), first paragraph, of the Regulation. As regards leave for enforcement, the Articles 985 to 990 of the Code of Civil Procedure Not applicable.
2 The second paragraph of Article 29 of the Regulation shall apply mutatis mutandis to the relative jurisdiction of the court of supply in the cases provided for in Article 21 (3) of the Regulation. If the jurisdiction of that court cannot be based on the grounds set out there, the jurisdiction of the courts of the Hague shall be the competent court.
3 A decision on a request referred to in paragraph 1 shall be requested on the application of a petition. It's filed by a lawyer. The application shall also be based on the choice of domicile within the district court.
4 Without prejudice to the first paragraph of Article 38 of the Regulation, in the event of the documents submitted to the application, the documents referred to in the first paragraph shall be supplemented by the document provided for in Article 37, first of all, member, point (a) of the Regulation.
1 The person against whom enforcement is sought and other interested parties are referred to in the proceedings on a request as referred to in Article 18, first paragraph Not called.
2 An application, as provided for in Article 28 of the Regulation, shall be granted by the provision of supply in the form of a simple leave of leave which shall be decided upon in the forwarding of the decision to be implemented.
3 The leave for enforcement is enforceable in stock.
1 The court of which the court of provision referred to a request as referred to in Article 18, first paragraph , has the legal remedy provided for in Article 33 of the Regulation, is informed.
2 The appeal referred to in Article 33 of the Regulation shall, if it is instituted by the applicant and be directed against a refusal to make a request as provided for in Article 33 of the Regulation, is to be Article 18, first paragraph , to be agreed, set within one month of the date of the decision.
3 The court of appeal shall decide on the appeal of appeal without delay.
1 The procedure of Article 26 of Book 1 of the Civil Code does not apply to the application for a decision on the recognition or non-recognition of a judgment given in another Member State in respect of divorce, divorce, duly justified on Article 21, third paragraph, of the Regulation; the table and bed, or the annulment of the marriage.
2 Article 26e of Book 1 of the Civil Code shall apply mutatis mutandis to a decision as referred to in the first paragraph.
In the case referred to in the last sentence of Article 41 (3) of the Regulation, the application for a certificate relating to a judgment on the right of access shall be lodged at the request of a lawyer in the case of an application. the court's security of supply of which the child judge has given the decision. The provision judge shall decide without delay on the request. Article 19, first paragraph , shall apply mutatis mutandis.
Article 31 of the Code of Civil Procedure shall apply mutatis mutandis to the procedure provided for in Article 43 of the Regulation if the certificate has been issued by a Dutch court.
1 The Court of Justice designates one or more children's judges, who are particularly responsible for facilitating contacts between judges in the Netherlands, who are the subject of proceedings under the Treaty, the Regulation or this Act with judges of foreign courts, as well as the contacts of judges abroad in whom proceedings are pending, with judges in the Netherlands competent to do so.
2 If a court in the Netherlands wishes to consult a court in the Netherlands in connection with proceedings in the first member, he may avail itself of the intervention of the court referred to in paragraph 1.
3 The intervention referred to in paragraph 2 shall also be granted to a foreign judge who wishes to consult a court in the Netherlands in connection with a procedure before him as referred to in the first paragraph of this paragraph.
4 If documents are to be translated in connection with a consultation referred to in the second or third paragraphs, or where the assistance of an interpreter is necessary for that purpose, the judge referred to in paragraph 1 shall be responsible for that purpose.
5 Before a consultation as referred to in the second paragraph takes place, the court seised of the proceedings shall inform the parties thereof. After the consultation has taken place, he shall report to the parties on the consultation.
6 The transfer of applications as referred to in Articles 8 and 9 of the Treaty and Article 15 of the Regulation shall be effected by the court referred to in paragraph 1. The judge who has transferred a request shall inform the parties thereof.
1 To issue a declaration as referred to in Article 40 of the Convention, it shall be competent to issue a notary.
2 The certificate shall be issued in a form to be determined by decision of our Minister of Justice.
In relations between the Netherlands and other states that are parties both in the Article 1 The European Convention on the Recognition and Enforcement of Decisions concerning the Authority of Children and on the Restation of Custody of Children (Trb), as referred to in Luxembourg on 20 May 1980. 1981, 10) is the Article 1 Treaty before.
1 Article 28, part B , of this law applies to proceedings relating to divorce, separation of the table and bed and dissolution of marriage after separation of the table and bed, revocation and invalidity and validity of the marriage which are instituted on or after the marriage 1 March 2005.
2 In Article 1 The Convention does not apply to procedures in respect of parental responsibility or measures for the protection of children established in the Netherlands prior to its entry into force and in which, after its entry into force, a decision is taken ed.
3 The entry into force in the Netherlands of Article 1 the Convention shall be without prejudice to parental responsibility which has previously been assigned to a person by law.
4 From the time of entry into force in the Netherlands of Article 1 The Convention shall be governed by the law of parental responsibility of a person who has not already been responsible for it by that Convention.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Implementation Law International Child Protection
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 16 February 2006
Beatrix
The Minister of Justice,
J. P. H. Donner
Published the seventh of March 2006The Minister of Justice,
J. P. H. Donner
