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Law On Recognition And Enforcement Of Foreign Decisions On Parental Responsibility, Etc. And On The Return Of Children (Child Abduction Act)

Original Language Title: Lov om anerkjennelse og fullbyrding av utenlandske avgjørelser om foreldreansvar m v og om tilbakelevering av barn (barnebortføringsloven)

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Law of recognition and consummation of foreign decisions about parental responsibility m v and about backdelivery of children (child abduction law).

Date LAW-1988--07-08-72
Ministry of The Justis and the Department of Emergency
Last modified LO-2015 -12-18-126 from 01.01.2016
Published In the No. 13
Istrontrecation 01.04.1989 01.05.1989
Changing
Announcement
Card title Child abduction law

Capital overview :

The title changed by law 12 des 2008 number 85 (ikr. 1 jan 2009 ifg res. 12 des 2008 No. 1 1354). -Jf. The European Convention on 20 May 1980 about recognition and consummation of decisions on parenthood and about the recovery of parental responsibility (announced as Convention 8 July 1988 # 557, but here taken below) and convention 25 October 1980 about the civilian sides of international child abduction (announced as Convention 8 July 1988 # 558, but here taken below).

Chapter I. Vikearea.

Section 1. (1) The provisions of Section 2 to 10, Section 13, Section 16 to 18 and Section 20 to 22 applies in relation to the states that are attributed to the European Council Convention 20 May 1980 on recognition and consummation of Decisions and about the Recovery of Parents parenthood. In relation to Denmark, Finland, Iceland and Sweden apply to the provisions not as far as it relates to particular regulations.
(2) The provisions of Section 2 to 5, Section 11 to 13 and Section 15 to 19 a and Section 21 to 22 applies in relation to the states that have been attributed to the Hague Convention 25 October 1980 about the civilian sites of international child abduction.
0 Modified by law 18 des 2015 # 126 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1625).
Section 2.At reciprocity, the King can decide that the rules of the law here on recognition and consummation of decisions on parental liability or backdelivery of children should also apply in relation to state that are not attributed to the European Council Convention or The Hague Convention.
Section 3.With the decision in the law here judgment, verdict, decision, or ordinance that has been hit by court or other public organ. The same applies to agreement approved by the competent public organ. The Section 4.Law applies to children who have not filled 16 years. Section 5. (1) Central authority shall :
(a) receive and communicate inquiries by the conventions
(b) collaborate with the central government in the convention states
(c) perform the tasks that the conventions otherwise impose it.
(2) The king decides who will be the central authority by the law here.

Chapter II. Recognition and consummation of Deciding decisions about parental responsibility m v after the European Council Convention.

Section 6. (1) A decision on parenthood or same-weather court that has been hit in a state that has been attributed to the European Council of the European Council, applies here in the country. Can the decision form the basis for consummation in the state where it has been hit (the copyright), compulsitation can also be carried out here in the country.
(2) Due to no decision as mentioned in the first clause that could form the basis for consummation in the copyright of the time the child was abducted over a state border, any later decision that has been hit in a convention state and declaring The abduction, having the same effect as a decision after the first clause.
Section 7.Recognition and consummation of decision as mentioned in Section 6 shall not take place, if :
(a) this will be clear incompatible with the basic principles of Norwegian right about family and children's legal conditions
(b) The decision due to changing conditions clearly is no longer in accordance with the child's best. As the changing conditions are retaken, among other things the time that has passed since the decision was struck, but not only change that has occurred in the child's whereabouts after the illegal abduction
(c) The child at the time of the case was erected for the court or taken under the treatment of administrative organ in the copyright, was a citizen or had residence here in the country without the same time having any such association with the copyright
(d) The child at the time of the case was erected for the court or taken under the treatment of administrative organ in the copyright, was a citizen both here in the country and in the copyright and had its residence here in the country
(e) The child, according to the law in the state where it is citizen or has residence, has the right to decide where it is going to live, or
(f) The decision is incompatible with a decision that has been hit here in the country in case that has been initiated before the application for recognition or consummation was put forward, and the battle is in compliance with the child's best. A decision that has been hit in a third state and that can be fulfilled here in the country, gender equality of decision hit here in the country.
Section 8.A decision in case after Section 6 that has been hit without the sued or plaintiffs legal representative was present, only recognition or be fulfilled when the following conditions are met :
(a) The plaintiff has been given the subpoena or equivalent document with sufficient time to make a statement of response. That claim nonetheless does not apply when the cause of missing or delayed preaching is that the sued has kept its whereabouts secret for the opposing party.
(b) The authority that has struck the decision has built its competence either on the plaintiff's residence, on the baby's parent's last joint residence as long as one of the parents still lives there, or on the child's residence.
Section 9. (1) The treatment of case of consummation of a decision as mentioned in Section 6 can be stopped if :
(a) the decision is being overtested by ordinary judicial law in the copyright
(b) trial of parenthood or sasweather is erected and yet to end here in the country before case has been erected in the copyright
(c) the question of recognition or consummation of a different decision on parental responsibility or the same-weather court at the same time is resolved in a separate case.
(2) Stessing decisive by ruling. The case is released again by ruling when the standing reason no longer makes the stani justified.
Section 10.In connection with recognition and forced consummation of contemporary, jf Section 6, it can face conditions for the completion of the contemporary court.

Chapter III. Travel delivery of abducted children after The Hague Convention

Section 11. (1) Children who are illegally abducted to or held back here in the country shall be delivered immediately if the child immediately before the abduction or retireship had residence in a state that has been attributed to The Hague Convention.
(2) Abduction or withholding is illegal if :
(a) The abduction or withholding is in violation of the right to parenthood as a person, an institution or other authority has, either in communities or alone, according to the law in the state where the child had its residence immediately before the abduction or the hold, and
(b) The parental responsibility was actually practiced at the time of the abduction or withholding took place, or would have been practiced if the abduction or retireing had not taken place.
Section 12.Feedback of children after Section 11 can be denied if :
(a) that when the petition for flashback was induced for the court has gone at least one year from the illegal abduction or withholding took place, and the child has found herself to correct in her new environment
(b) there is a serious risk of backdelivery that will inflict child physical or mental injury, or otherwise put the child in a position that cannot be accepted
(c) The child itself opposes the backdrop, and it has reached an age and maturity degree that makes it natural to take into account the child's meaning
(d) the person, institution or authority that had custody of the child, in fact, did not practice the right of parental liability at the time when the abduction or withholding took place, or had consented to or at a later time accepted the abduction or the hold
(e) it is not compatible with fundamental principles here in the country about the protection of human rights abusers to be able to end backdelivery.
0 Modified by laws 10 jan 1992 # 6, 18 des 2015 # 126 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1625).

Chapter IV. The case processing.

Section 13 (1) The desire for consummation of a decision as mentioned in Section 6 is set forth for the court, which hits its decision by ruling.
(2) The desire for backdelivery of children after Section 11 is set forth for the Oslo courthouse that hits its decision by ruling. The Oslo courthouse can conduct any munoral negotiations in a different court of law in which this is considered appropriate.
(3) The petition shall be written in Norwegian or English or be accompanied by oversetting to Norwegian. Image and written evidence shall be accompanied by Norwegian or English oversetting. The Dombar Law Section 136 first clause second period comes equivalent to the Applicability.
0 Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 18 des 2015 # 126 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1625).
Section 14. desire for consummation of a decision as mentioned in Section 6 shall be accompanied by a copy of the decision, and if it advances the decision has been hit during the plaintiff's absence in the case, a document that shows whether the sued has been granted or on other The proper manner has been made known with the subpoena or equivalent document. The petition shall also be accompanied by a document showing that the decision can be forced to be compulfed in the copyright, and provide enlightenment on where the child must be believed to be here in the country and suggestions for how parenthood should be restored.
0 Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3.
Section 15. (1) The petition of reserving of children after Section 11 shall contain information on the applicant, the child and the on-standing to have abducted or withheld the child, as well as the child's birth date. It shall contain a justification for the requirement of backdelivery and details of where the child must be assumed to remain here in the country.
(2) If the court demands it, the petition shall petition for the return of children after Section 11 be accompanied by a decision or statement from the competent authority in the state where the child had its residence immediately prior to the abduction or withholding, which determines that the abduction or withholding is illegal. It applies only if such decision or statement can be obtained to weigh in that state.
Section 16. (1) Case of forced consummation as mentioned in Section 6 and case of backdelivery of children after Section 11 shall be treated without a stay.
(2) The court has not settled a motion for backdelivery after Section 11 within six weeks after the petition was filed, it shall account for the reason for the delay if the plaintiff asks for it.
(3) Kjenti case of retrodelivery of children after Section 11 can be aniled in accordance with the rules of the dispute chapter 29 and 30. The deadline to appeal the verdict is two weeks.
0 Modified by law 18 des 2015 # 126 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1625).
Section 17. (1) Before the court, a requirement of forced consummation of a decision as mentioned in Section 6 or petition for reserving of children after Section 11 shall be a child who is filled 7 years, and younger children who are able to form their own opinions, informationand opportunity to comment, when this is not impossible. The child's opinion is to be added to the weight in accordance with the child's age and maturity.
(2) The judge can conduct conversations with the child. The court can name a plainful to help, or let a plain-savvy conversation with the child alone. Where the child has conveyed his opinion, the judge or the judge should point out the orient child about the outcome of the matter and how the meaning of the child has been taken into consideration.
(3) The court can name a plainful to comment on one or more of the questions that the case raises.
(4) A plain-savvy appointed after other and third clause is sworn to secrecy about what comes forward about personal relationships in connection with the mission. The meek can without the hurdle of secrecy give all information that has been induced to the court.
(5) The costs of the use of a plain-savvy covered by the state. A plain-savvy appointed after other and third clause shall be made to be made after law 21. July 1916 # 2 about wide and ticket-savvy allowance of the
0 Modified by law 18 des 2015 # 126 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1625).
Section 18. (1) The provisions of the Children Act 8. April 1981 # 7 Section 60 and 65 apply to cases of forced consummation after Section 6 and flashback after Section 11. The BarclosLaw Section 65 first clause also applies to forced consummation of same-weather sright. The provisions of the forced consummation Act will apply as far as they fit for cases of forced consummation after Section 6 and flashback after Section 11.
(2) A ruling on consummation of decision as mentioned in Section 6 or retrodelivery of children after Section 11 can be forced-consummated when the ruling is judicial and any fulfillment deadline has been overserved. If it is considered to be to the child's best, the court may still decide that a verdict can be filed compultionally consummated when it is recited and any fulfillment deadline is out.
(3) If it is not advisable that the child is with one of the parents while case of consummation after Section 6 or flashback after Section 11 is treated, the court can decide that the child's custody of the child until the matter is finally settled. Beending the court that the child is to be with one of the parents while the case that mentioned is treated, jf Children's Law Section 60, it can be set terms to exercise the presence of the interweather.
0 Changed by laws 8 jan 1993 # 20, 20 June 2003 # 40 (ikr. 1 apr 2004 ifg. res. 20 June 2003 # 728), 12 des 2008 No. 1 85 (ikr. 1 jan 2009 ifg res. 12 des 2008 No. 1 1354), 18 des 2015 # 126 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1625).

Chapter V. Ymse regulations.

Section 19. (1) If it during the treatment of a case of parental liability or same-weather law after the child law of 8 April 1981 # 7 is brought on the pure that the child is desired flashback after Section 11 of the law here, the court shall not see decision in the case until the petition is finally settled.
(2) Getting the court in case as mentioned in (1) subdirection of the central authority that a child illegally has been abducted here to the country or illegally withheld here, without its induced motion for redelivery of the child after Section 11, the court shall not hit The decision in the case before it's been reasonable time without the motion of motion has been induced.
Section 19 a. (1) The Federal Reserve shall inform the child protection service of the child's residence of the child when a child is returned here to the country after an illegal abduction to or unlawful detention in a state that has been attributed to the Hague Convention. Underdirection can be given without the hurdle of secrecy.
(2) The central authority shall inform the child protection service in which the child is stalling when a child illegally has been abducted here to the country or illegally is withheld here after the Hague Convention. Underdirection can be given without the hurdle of secrecy.
0 Added by law 18 des 2015 # 126 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1625).
Section 20 (1) If a child with residence here in the country has been abducted abroad or withheld in another country, the courthouse can take place in place where the child last detained, after motion from the person who has parenthood ruling that the act is illegal. The same applies if the child has been abducted or held back by a party who has parental responsibility in case where parenthood is shared and the second party desires it. Abduction or illegal withholding after the previous period is not if overseas stay happens with the consent of the other party or it applies to a short stay and it seems obvious that the child will come back as planned, jf pedias law Section 40 first joints.
(2) If the plaintiffs whereabouts are unknown and cannot be brought on the clean, case after the paractment here is decided even if the sued has not been given the subpoena or other documents in the case.
0 Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 12 des 2008 No. 1 85 (ikr. 1 jan 2009 ifg res. 12 des 2008 No. 1 1354).
Section 2King can give regulation to padding and review of the law. The king can also in regulation also absence the provisions of the law, if necessary to fulfill Norway's obligations after agreement with foreign state. Section 22:The law takes effect from the time the King decides. The provisions of recognition and consummation of decisions about parenthood and contemporary and the provisions of reserving of children can be put into effect from different times.

European Convention of 20 May 1980 about recognition and consummation of decisions about parenthood and about the recovery of parental liability.

The member states of the European Council that have signed this Convention ; acknowledge that the envision of the child's best is of decisive importance in the European Parliament when it comes to the statute of parental liability ; which takes into consideration that measures to ensure recognition and consummation of decisions on parenthood will lead to better protection about the child's best ; which considers it desirable, with this goal in sight, to emphasize that parents ' right to togetherness is a natural follow-up of parenthood ; who marks the increasing number of case where children have been illegally abducted over a state border and the difficulties of finding full-good solutions to the problems that this leads to ; who wish to impose the term provision of parental liability that has been cancelled in arbitrary manner ; who is convinced that it is desirable to hit measures for this purpose as are adapted to different needs and relationships ; who wish to establish cooperation on legal questions between their authorities, agree on the following :

Art 1.In this convention is understood with

(a) children : a person of any nationality, as long as he is under 16 years and not even has the right to decide where to live according to the law in the countries where he has his residence or where he is a citizen, or according to the internal legislation of the receiving replacement ;

(b) authority : legal or administrative authority ;

(c) decision of parenthood : decision struck by a authority, in the extent that the decision concerns custody of the child's person, herunder the right to decide where the child is to live and the right to join the child ;

(d) illegal abduction : The abduction of a child over a state border in violation of a decision of parental responsibility for the child, which has been hit and can be fulfilled in a convention state ; as illegal abduction is also considered :

(i) negligence of delivering back a child over a state limit, when the time of exercising contemporary with the child has gone out, or when time has gone out for another random stay in a different area than where parenthood is being put into place ;
(ii) abduction as in post-hand has been declared illegal as defined in Article 12.

Part I. Central Government.

Art 2. (1) Any Convention state shall designate a central authority to carry out the tasks determined in this convention.
(2) Federal States and states with more than one judicial system shall have access to designate more than a central authority and shall determine these government's competence.
(3) The Secretary of General of the European Council shall be underfixed about all the central government as the equalises in accordance with this article.
Art 3. (1) The Central Government of the Convention shall cooperate with each other and promote cooperation between the competent authorities in their respective countries. They will perform their tasks without unnecessary stay.
(2) To facilitate the completion of this convention, the central government is supposed to be in the convention states :
(a) see that requests for information are forwarded, when these requests come from competent authorities and concerns legal or actual questions about versing matters ;
(b) by request, give each other information about its own country's laws regarding parental liability and changes in these laws ;
(c) keeping each other informed of the difficulties that will likely occur at the applicability of the Convention, and as wide as possible, remove the obstacle for the use of the applicability.
Art 4. (1) Any person who has achieved a decision on parental responsibility for a child in a convention state and who wishes to make the decision recognised or consummated in a second convention state, can submit application of this to the central authority in any Convention state.
(2) The application shall be placed at the documents mentioned in Article 13.
(3) The central authority of the state in which the application has been filed shall, if not the central authority in the receiving state, overpass the documents to the central authority in the receiving state directly and without a stay.
(4) The central authority of the state in which the application has been filed, can refuse to forward it, if it is absolutely clear that the terms determined in this convention are not met,
(5) The central authority of the state in which the application has been filed, shall without a stay of the applicant shall be informed about the course of the case.
Art 5. (1) The central authority of the recipient shall without a stay hit or let hit all regulations that it considers the prepurpose of the state, if necessary by putting the matter forward to the state's competent authorities, to :
(a) bring to the pure where the child is located ;
(b) avoid, especially through necessary birth control measures, that the child's or the applicant's interests become shamelding ;
(c) ensuring recognition or consummation of the decision ;
(d) ensuring that the child is handed over to the applicant when consumding is achieved ;
(e) inform the authority that submits the application of the measures that meet and about the result of these.
(2) If the central authority of the receiving state has reason to believe that the child is located within the scope of another convention state, it shall directly and without a stay of the documents to the central authority in that state.
(3) With the exception of costs to have the child heimsubmitted, all of the convention states shall commit to not requiring any payment for the measures that the central authority of the applicant is hitting on the applicant's behalf in accordance with Article (1) in this article, co-recused expenses and costs to trial and, when this is the case, expenses of law assistance.
(4) If recognition or consummation is denied, and if the central authority of the receiving state finds that it should succeed the applicant's request to initiate judicial proceedings in the recipient of the case, shall the central authority put it all in to ensure that the applicant in this case is represented on terms that are not worse off than those who are settled in or are a citizen of the state. For this purpose, the authority can particularly lay the matter forward for its competent authorities.
Art 6. (1) With reservations for particular agreements between the affected central authorities and for the provisions of Article (3) in this article, shall ;
(a) The statements of the central authority in the receiving replacement are written in the official language or one of the official languages of the receiving or attach an oversetting to that language ;
(b) The central authority in the receiving replacement nonetheless accepts the announcements written in English or French or is attached a translation into one of these languages.
(2) Meddelements from the central authority of the receiving replacement, herunder results of investigations made, can be written in the official language or one of the official languages in the receiving or in French or English.
(3) Any convention state can completely or partially reserve to the provisions of Article (1) Section (b) in this article. When a convention state has taken such a reservation, any other convention state can also be of the families of the state also to the state.

Part II. Recognition and consummation of decisions and restorations of parenthood.

Art 7.A decision on parental responsibility that has been hit in a conventional state, shall be recognition and should, if it can be fulfilled in the sire state, is fulfilled in all other convention states. Art 8. (1) When an illegal abduction has been issued, the central authority of the receiving replacement shall immediately hit measures to restore parental responsibility, if :
(a) The child and its parents, at the time when the case was launched in the state where the decision was struck, or at the time the illegal abduction took place, whether this was previously, state citizens were only in this state, and the child had its residence within this state's territory, and
(b) The request for restorations has been filed with a central authority within six months from the day when the illegal abduction took place.
(2) If the requirements indicated in paragraph (1) in this article, according to the recipient's law cannot be met without complicity from a legal authority, none of the reasons for refusing to return the child indicated in this convention, the families of the families. under the legal proceedings.
(3) If there has been an agreement that has been officially confirmed by the competent authority between the person who has parental responsibility for the child and another person, who is going out on giving the other person contemporary, and if the child, after being brought out of the country, has not been returned to the person who has parental responsibility at the expiration of the agreed period of time, parenthood shall be sought to be restored in accordance with the paragrams (1) (b) and (2) in this article. The same shall apply if there is a decision struck by the competent authority that gives a person who does not have parental responsibility such a right.
Art 9. (1) In the second case of illegal abduction than those mentioned in Article 8, recognition and consummation, when application has entered into a central authority within six months from the day when the illegal abduction took place, only denied if :
(a) The decision was hit without the ensuing or dennes legal representative was present, and did not file a correct way has been communicated to the document that traveled the case, or equivalent document, in time to arrange for its defense ; such a lack of of the announcement may yet be added due to denying recognition or consummation when the message has not taken place because the sued has kept its residence secret for the person who has raised the issue in the sire state ;
(b) The decision was announced without the ensuing and dennes legal representative was present, and the authority that outcompleted the decision did not build its competence on :
(i) plaintiffs residence, or
(ii) The residence that the child's parents seeest had in common, as long as one of the parents still lives there, or
(iii) the child's residence
(c) The decision is incompatible with a decision on parental responsibility that could be fulfilled in the receiving replacement before the child was abducted, so did not have the child had their residence within the search state's territory for at least one year before the abduction took place.
(2) If the application has not been submitted to a central authority, the provisions of Article (1) of this article shall be applicable in the same way when the requesters of recognition and consummation within six months from the date when the illegal abduction took place.
(3) The foreign decision reality cannot in any harvest be tried again.
Art 10. (1) In the second case than those mentioned in the articles 8 and 9, recognition and consummation may not be denied only for the reasons determined in Article 9, but also for one of the following reasons :
(a) if determining that the consequences of the decision are clear ununily with the basic principles of the recipient's legislation on family and children ;
(b) If it is determined that the consequences of the original decision clearly are no longer in accordance with the child's best, due to the changing conditions, herduring the time that has passed, but not exclusively the change of the child's upholding after an illegal abduction ;
(c) if the child at the time when the case was erected in the sire state :
(i) was a citizen of the receiving state or had its residence there and had no such association with the sire state :
(ii) was a citizen both in the sire state and in the receiving state and had their residence in the receiving replacement :
(d) If the decision is incompatible with a decision that has been hit in the receiving state or with a decision that can be fulfilled in the receiving replacement after being hit in a third-place court, as a result of a matter erected before the application for recognition or consummation was put forward, and the battle is in accordance with the child's best.
(2) On the same terms, cases can be concerning recognition and consummation are subjected to one of the following reasons :
(a) if the original decision has been made to the subject of overtrial in conventional manner ;
(b) if trial regarding parenthood of the child is in progress in the receiving state and this case was initiated before case was erected in the sire state ;
(c) if any other decision regarding parental responsibility for the child is the subject of consummation or other treatment pertaining to recognition of the decision.
Art 11. (1) Decisions on contemporary and provisions of the decisions of parenthood regarding contemporary law shall be recognized and fulfilled on the same terms as those applicable to other decisions about parental liability.
(2) The Compensation Authority in the receiving state can still determine the terms to fulfill and exercise the contemporary court, as it is particularly taken into consideration of the obligations that the parties have claimed in the case.
(3) When there is no decision with respect to same-weather rights or when recognition or consummation of the decision of parenthood is denied, the central authority of the recipient can seek its competent authorities that it is meeting decision on contemporary, if the person who makes claims to be contemporary, will ask for it.
Art 12. If so, at the time when the child was abducted over a state border, no decision has been made about parental responsibility that can be fulfilled in a convention state, shall the provisions of this convention be applied to all later decisions as the main providers The parental responsibility of this child and who declares the abduction illegal, when these decisions are struck in a convention state after the request of a person it concerns.

Part III. Framway.

Art 13. (1) The request for recognition or consummation in a second convention state of a statute of parental responsibility shall be attached :
(a) a document that provides the central authority in the receiving authority to perform on the applicant's behalf or to designate a different representative for this purpose ;
(b) a copy of the decision that meets the required conditions for the document to be considered for authentic ;
(c) when the bill has been hit without the ensuing or dennes legal representative has been present, a document that shows that the defendant has been filed to the document that was traveling the case or an equivalent document ;
(d) in the following case, a document that shows that the decision can be fulfilled according to the law in the sire state ;
(e) if possible, an account of where the child is located or likely is located in the receiving replacement ;
(f) suggestions on how parental responsibility for the child should be restored.
(2) The above mentioned papers shall if necessary be passed an oversetting in accordance with the provisions of Article 6.
Art 14.Any convention state is supposed to be an easy and fast forward approach when it comes to recognition and consummation of the statute of parental liability. For this purpose, the state shall ensure that the request for consummation can be carried out by an easy application. Art 15. (1) Prior to the authority in the receiving replacement, a decision is made in accordance with paragraph (1) (b) in Article 10 :
(a) shall it bring the child's meaning on the clean, when this is not practical, especially because of the child's age and maturity ; and
(b) may require that other expediency investigations be made.
(2) The cost of investigations made in a convention state shall be covered by the state in which the investigations were made.
(3) The request for examination and the result of these can be submitted to the authority it applies through the central government.
Art 16.At the completion of this convention it cannot be required legalization or similar formalities.

Part IV. Keep it.

Art 17. (1) Any convention state can, in the case mentioned in the articles 8 and 9, or in one of these articles, take reservations about denying the decisions of parenthood for the reasons determined in Article 10 and as can be specified further in the improvement.
(2) Recognition and consummation of decisions that have been hit in a convention state that has taken reservations pursuant to Article (1) in this article, can be denied in any other convention state of all the additional reasons indicated in the improvement.
Art 18.Any convention state can take reservations that it should not be bound by the provisions of Article 12. The provisions of this Convention shall not be applied to the ordinance mentioned in Article 12 that have been hit in a convention state that has taken such a reservation.

Part V. Other deals.

Art 19.This Convention shall not be of the hurdles to the Inscope of any other international agreement that applies between the sire state and the receiving state, or any other law in the receiving replacement that did not stem from an international agreement to achieve recognition or consummation of a decision. Art 20. (1) This Convention shall not make interventions in the obligations as a convention state would have to face a non-convention state in accordance with an international agreement on the issues that have been processed in this convention.
(2) If two or more convention states have adopted liquiding laws regarding parental responsibility for children or have established a special system for recognition and consummation of decisions on this area, or if they were to do so in The future, they shall have the access to invoking these laws or this system in between instead of this convention or part of it. When the states take advantage of this determination, they shall inform the General Secretary of the European Council on its decision. Any changes or recall of this decision shall also be co-shared.

Part VI. The end regulations.

Art 21.This Convention is open to the underdrawing of the member states of the European Council. It is supposed to be ratified, passed or approved. The ratification, the ordinance or approval document is to be deposited with the General Secretary of the European Council. Art 22. (1) This convention takes effect on the first day of the month following the exit of a period of three months from the day when three member states of the European Council have consent to be bound by the Convention in accordance with the provisions of Article 21.
(2) When it comes to other member states that later give their consent to being bound by the Convention, it takes effect on the first day of the month following the exit of a period of three months from the date of the deposit of ratification, the bill or approval document.
Art 23. (1) After that this Convention has stepped into effect, the Ministerial Council of the European Council of the European Council may not be a member of the European Council to associate the conventions through a bill to be met with the majority stated in Article 20 d The government cuts and at the unanimous vote of the representative of the convention states that have the right to sit in the Council of Ministerial Council.
(2) When it comes to a state that is attributed to the Convention, the Convention takes effect on the first day of the month following the exit of a period of three months from the date of the deposit of the General Secretary of the General Secretary of the European Secretary of the European Council.
Art 24. (1) Any state can, at the same time of underdrawing or when it deposits its ratification, acceptance, or additive document, indicate on which territory or what territories this convention is to be used.
(2) Any state can at any later time, by the statement of the General Secretary of the European Council, expanding the applicability of this Convention to other territories indicated in the statement. When it comes to this territory, the Convention takes effect on the first day of the month following the exit of a period of three months from the day the Secretary General received the Declaration.
(3) Any statement granted in accordance with the two preceding paragrams may be withdrawn by message to the General Secretary when it comes to any territory indicated in the Declaration. The retreat takes effect on the first day of the month following the exit of a period of six months from the day when the Secretary General received the message.
Art 25. (1) A state consisting of two or more territorial entities with different legal systems in question of parenthood for children and recognition and consummation of parenting decisions can simultaneously with the underdrawing or when the state deposits its ratification, acceptance, approval, or additive document, declare that this convention should be applied to all these territorial entities or on one or more of them.
(2) The state can, at any later time, by the declaration of the Secretary General of the European Council, expanding the applicability of this Convention to any other territorial entity that is indicated in the Declaration. When it comes to such territorial unity, the Convention takes effect on the first day of the month following the exit of a period of three months from the day when the Secretary General received the Declaration.
(3) A statement that has been granted in accordance with the two preceding paragrams can be withdrawn by message to the General Secretary when it comes to any territorial entity indicated in the Declaration. The retreat takes effect on the first day of the month following the exit of a period of six months from the day when the Secretary General received the message.
Art 26. (1) When it comes to states that in question regarding parental responsibility for children have two or more judicial systems with respect to territorial ancability shall :
(a) referral to the law of a person's residence or citizenship is understood as a referral to the judicial system determined by the current rules of the state, or, if there do not exist such rules, to the system that the person it applies to has strongest association to ;
(b) The referral of the sire state or receiving state is understood, all after tilva, as a reference to the territorial unit where the ordinance was hit, or to the territorial unit in which it was requested for recognition or consummation of the ordinance or if recovery of parenthood.
(2) Paragraph (1) point (a) in this article shall be applicable with the necessary changes, in relation to states that in question regarding parenthood for children have two or more judicial systems with respect to the Applicability of persons.
Art 27. (1) Any state can, at the same time of underdrawing or when it deposits its ratification, acceptance, approval, or additives document, declare that it takes advantage of one or more of the reservations mentioned in Article 6 Article (3), in Article 17 and in Article 18 of this Convention. No other reservation can be taken.
(2) Any convention state that has taken reservations in accordance with the preceding paragraph may draw this whole or partially back by message to the Secretary General of the Eurocouncil. The retreat takes effect from the day the Secretary General received the message.
Art 28.After the exit of the third year following the day when this Convention stepped into effect, the Secretary General of the European Council is going to be on its own initiative, at any time after this time, the city of officials of the Central Government of the Central Authority designated by the convention states, to meet to study and to facilitate the applicability of the Convention. Any member state of the European Council that is not party to the Convention can be represented by observer. It is to from each of these meetings are issued a report to be passed the Ministerial Council of the European Council for orientation. Art 29. (1) A party can say up this Convention at any time by message to the Secretary General of the Eurocouncil.
(2) Upsising takes effect on the first day of the month following the exit of a period of six months from the day when the Secretary General received the message.
Art 30. (1) The secretary of the European Council shall inform the member states of the European Council and all states that have joined this Convention on :
(a) underdrawing :
(b) deposits of ratification, appratification, approval, and additives ;
(c) date of the Commencement of the Convention in accordance with the articles 22, 23, 24 and 25 ;
(d) other documents, messages or subdirections that apply to the Convention.
(2) To the confirmation of the anchors, they have underchards of auditorient authorization signed this convention.

The finishing in Luxembourg 20 May 1980 in French and English, as the two lyrics have the same validity, in one copy--

The intervention of 25 October 1980 about the civilian sides of international child abduction.

The states that have signed this Convention ; which are of the firm conviction that the child's best is of utmost importance in question regarding parenthood of the child ; who wants to protect the child at international level against harmful effects of illegal abduction or withholding and determining the approach to ensuring that the child is immediately brought back to the state where it has its residence, as well as securing the protection of the Commonwealth Court ; has decided to strike a convention for this purpose, and agree on the following regulations :

Chapter I. The Conventional Area.

Art 1.Purpose of this Convention is-

(a) to ensure immediate backdelivery of children who are illegally abducted to or illegally held in a convention state ; and

(b) to ensure that the right to parenthood and the right to the interaction of a conventional state of law effectively be respected in other convention states.

The Art 2.Conventional States shall meet all necessary measures to ensure that the purpose of this convention is met within its territories. In this purpose, they are going to be invoking the future of procedures that take the shortest time. Art 3. (1) Abduction or withholding of a child shall be deemed illegal when :
(a) it is in violation of a right to parental responsibility that is attributed to a person, an institution or other authority, either in communities or alone, according to the law in the state where the child had its residence immediately before the abduction or the holding of the arrest ; and ;
(b) This right actually was practiced, in communities or alone, at the time when the abduction or withholding took place, or would have been practiced if not the abduction or withholding had taken place.
(2) The court of parenthood as mentioned in the letter (a) may in the first series to be a result of legislation or by a legal or administrative ordinance, but also of an agreement with legal validity in accordance with the law in that state.
The Art 4.Convention shall be applied to all children who had their residence in a convention state immediately before the rights of parental responsibility or to be violated. The Convention shall no longer be used when the child has turned 16 years. Art 5.I This Convention shall :
(a) "the right to parenthood" includes the right of care for the child's person and especially the right to decide where the child is going to live ;
(b) "contemporary" include the right to bring the child to a different place than where the child has its residence for a limited time period.

Chapter II. Central authorities.

Art 6. (1) Any Convention state shall designate a central authority to be given in mission to fulfill the obligations of this convention impose such central authorities.
(2) Federal States, states with more than one judicial system or states with autonomous territorial organization shall have access to designate more than a central authority and to specify these government's territorial powers. States who have taken advantage of this admission shall designate the central authority that is to take in against applications of resubmission to the competent central authority in that state.
Art 7. (1) The Central Government shall cooperate with each other and promote cooperation between the competent authorities in their respective states to ensure that children immediately be delivered back and to reach the remaining targets set in this convention.
(2) They should particularly, either directly or by using the intermediary, hit all necessary measures :
(a) to find out where a child is located that has been illegally abducted or withheld ;
(b) to prevent at temporary precautions that the child is coming further to damage or that affected parties are being skunding ;
(c) to ensure that the child is provided back voluntarily or to obtain a memorial solution ;
(d) to exchange information on the child's social background, if this is desirable ;
(e) to provide for weighing general information on the legislation of its own state as the leading applicability of the Convention ;
(f) to initiate judicial or administrative negotiations, or to promote that such negotiations come into effect, in the intention of having the child retrofit and, if necessary, to organize or ensure real inaction of the contemporary court ;
(g) for, if necessary, to ensure that it is achieved, or to make it easier to achieve, legal assistance and counselling, herunder the involvement of attorney ;
(h) to ensure, by the administrative precautions that needed to be necessary and expediency, that the child is delivered safely back ;
(i) to keep each other informed of how the Convention works and, as far as possible, to remove obstacles for the applicability of the Convention.

Chapter III. Travel delivery of children.

Art 8. (1) A person, an institution or an authority alleon that a child has been abducted or held back in violation of the rights of parental liability, can seek either the central authority in the state where the child has its residence or central authority in any other convention state of assistance to ensure that the child is delivered back.
(2) The application shall contain :
(a) information on the applicant and the child's identity and about the identity of the person who is on the charge of abducted or holding back the child ;
(b) the child's date of birth, if this is available ;
(c) the reasons that the applicant of the applicant is to bring back the child ;
(d) all available information about where the child is located and about the identity of the person who the child is believed to be at with.
(3) The application can be complete with or attach :
(e) a confirmed copy of all relevant ordinance or agreements ;
(f) a reference or statement, confirmed by a central authority or other competent authority in the state where the child has its residence or by a competent person, regarding the state's laws on the territory ;
(g) all other relevant documents.
Art 9.If the Central Authority that has received an application mentioned in Article 8, has reason to believe that the child is located in a different convention state, shall it direct and without a stay of application to the central authority in this convention state and inform the central authority in the search replacement or optionally the applicant on this. The Art 10.Central authority in the state where the child is located, is to hit or let hit any measures that are suitable for the child to return voluntarily. Art 11. (1) The legal or administrative authorities of the convention states shall conduct the fastest possible case of case management to bring children returned.
(2) If the legal or administrative authority it does not apply to any decision when it has been passed six weeks from the date when the case was initiated, the applicant or central authority in the receiving replacement has on his own initiative or after The request from the central authority in the search replacement, the right to demand an explanation for the reasons for the delay. If the central authority of the receiving state receives an answer, this authority shall submit the response to the central authority in the search replacement or optionally to the applicant.
Art 12. (1) If a child is illegally abducted or held back as defined in Article 3, and if so, at the time the case was initiated with the legal or administrative authority in the conventional state where the child is located, has been passed less than One year from the day when the abduction or retireing took place, the person's authority shall charge the child to be returned immediately.
(2) Also in those cases where cases have been initiated after the exit that the one-year period mentioned in the preceding paragraph shall the legal or administrative authority of the child be delivered back, unless it is well-made that the child has found of the right in its new environment.
(3) If the legal or administrative authority in the receiving state has reason to believe that the child has been brought to another state, it can halt the case or reject the application for redelivery of the child.
Art 13. (1) Regardless of the provisions of the preceding article, the legal or administrative authority of the receiving state of the child is not to impose the provision of the child if the person, institution or authority that opposes back-delivery, the claim that :
(a) the person, institution or authority that had custody of the child, in fact, did not practice the right of parental responsibility at the time when the abduction or withholding took place, or had consent in or at a later time accepted the abduction or the withholding ; or
(b) there is a serious risk that backdelivery will inflict child physical or mental injury, or otherwise put the child in a situation that cannot be accepted.
(2) The legal or administrative authority may also refuse to bid backdelivery of the child if it finds that the child opposes retrograde delivery and the child has reached an age and maturity degree that makes it natural to take into account the child's meaning.
(3) When the legal or administrative authorities assess the circumstances mentioned in this article, they shall take into account the details of the child's social background as the damage is obtained by the central authority or other competent authority in the state where the child has its residence.
Art 14.When the legal or administrative authorities of the receiving state are conducting the issue of whether or not there is unlawful abduction or withheld as defined in Article 3, it can be taken directly into consideration of the law and legal or administrative decisions, whether these are formally approved or not, in the state where the child has its residence, without any benefit of the distinctive procedures that would otherwise have been applied to bring evidence of that law or for recognition of foreign Act. Art 15.Before the legal or administrative authorities of a convention state orders backdelivery of a child, they may require the applicant to weigh a ordinance or other statement from the government in the state where the child has its residence, where it determining that the abduction or withholding was illegal as defined in Article 3 of the Convention, in the extent such a ordinance or such a statement can be obtained in that state. The Central Government of the Convention shall thus far be able to assist the applicant in obtaining to weigh such a ordinance or such a statement. Art 16.When the legal or administrative authorities of the Convention state that the child has been abducted to or held back in, receives the underdirection that there is an illegal abduction or withholding of a child after Article 3, they shall not hit decision on the reality of parenthood before it is determined that the terms of retrodelivery in accordance with this Convention are not present, or until there is a timely period of time without the application received in accordance with this Convention. Art 17.Alone the fact that a decision on parental responsibility has been hit or is justified in recognition in the receiving replacement shall not be grounds for refusing to return the child within the frame of this convention, but the legal or administrative authorities in the receiving replacement may take into account the reasons for the decision when the Convention is used. The Art 18.provisions of this chapter shall not limit a legal or administrative authority for any time to bid that the child be delivered back. Art 7:A ordinance of the return of the child within the frame of this Convention shall not be interpreted as a decision by the reality of the question of the rights of parental liability. Art 20.Back delivery of children in accordance with the provisions of Article 12 can be denied if it would not be permitted after the basic principles of the receiving state of human rights and the fundamental freedoms.

Chapter IV. The weather dish.

Art 21. (1) An application to get organized sameday court or ensured that the contemporary court can actually be unpracticed, can be sent the central authority in a convention state in the same way as an application for redelivery of a child.
(2) The Central Government is bound by the obligations of cooperation mentioned in Article 7 with aim to achieve that the same-weather courts can be practiced under calm conditions and that those terms are being met that are set to exercise the contemporary court. Central authorities are due to hit measures to remove, as far as possible, all obstacles to exercise the sakweather court.
(3) The central government can, either directly or by middlemen, take the initiative to or assist at the introduction of court cases with aim to organize or secure the contemporary court and the terms of exercise this one.

Chapter V. Almemorial regulations.

Art 22:No security, deposit or deposit, no matter what it is called, shall be able to guarantee payment of costs and expenses in connection with legal or administrative proceedings within the frame of this Convention. Art 23.No legalization or similar formality should be able to be required in the context of this convention. Art 24. (1) All applications, messages, or other documents shall be submitted to the central authority in the receiving state of the original language and attach an oversetting to the official language or one of the official languages in the receiving state, or if this difficult to allow, an oversetting to French or English.
(2) A convention state can nonetheless, by taking reservations in accordance with Article 42, opposing that either French or English, but not both languages, is used in applications, messages or other documents sent to the state's central authority.
Art 25.State citizens of a convention state and people settled in a convention state shall be entitled to legal aid and counselling in a second convention state in matters that concerns the applicability of this Convention, on the same terms as if they themselves were citizens of the settled in this state. Art 26. (1) Any central authority shall bear its own expenses by the applicability of this Convention.
(2) Central authorities and other public organs of the Convention shall not collect any tax in the context of applications submitted in accordance with this Convention. They are supposed to above all do not require payment of the applicant for costs and expenses for legal proceedings or possibly for the costs of legal counsel. They may still require payment for expenses that have occurred or are expected to arise in connection with the return of the child itself.
(3) A convention state can still be by taking reservations as determined in Article 42, declare that it is not committed to carrying the costs mentioned in the preceding paragraph and as a legal counsel or legal counsel or to court proceedings, except when these costs can be covered at the state's arrangement with free legal aid.
(4) When a legal or administrative authority commands to be reserving a child or hit a decision on contemporary within the frame of this convention, the authority may, when it is due to the impose on the person who has abducted or held back the child or who has prevented the practice of contemporary, to pay all necessary expenses that have occurred for the applicant or on the applicant's behalf, herunder travel costs, costs of the applicant's legal representative and costs in connection with backdelivery of the child, as well as costs that have been occurred or unpayments made for to find the child.
Art 27.If it is obvious that those terms set in this convention are not filled or that the application is not well-due, a central authority shall not be able to take in the application. In such a case, the central authority shall promptly inform the applicant or, if applicable, the central authority that has oversubmitted the application, about the reason for this. Art 28.A central authority may require that the application be placed a written warrant that gives the authority the right to act on the applicant's behalf or to designate a representative who has the right to perform on the applicant's behalf. Art 29.This Convention shall not be of any obstacle to the fact that a person, institution or authority, claiming that it has occurred an infringement of the rights of parenthood or togetherness as defined in the articles 3 and 21, may address directly to those legal or administrative authorities in a convention state, regardless of the provisions of this Convention are applicable or not. Art 30.Any application delivered to a central authority or directly to the legal or administrative authorities of a convention state in accordance with the provisions of this Convention, as well as all documents or information that attach the application or be obtained to weigh in by a central authority, shall be allowed to use at the courts or with the administrative authorities of the convention states. Art 31.When it comes to states that in question of parenthood for children have two or more judicial systems that are uses within different territorial entities, shall :
(a) any referral to residence in that state is deemed to be residence within a territorial entity in that state ;
(b) any reference to the law of the residence state is considered the law in the territorial entity in which the child has its residence in that state.
Art 32.When it comes to states that in question of parenthood for children have two or more judicial systems that are applied to various categories of persons, any reference to the law in that state is considered to be the judicial system indicated in that state law. Art 33.A state where different territorial entities have their own laws of parental responsibility for children shall not be committed to invoking this convention if a state with a unified legal system would not be committed to it. Art 34.This convention goes within its scope in front of Convention 5 October 1961 about government's competence and law to be applied in question of the protection of minors, when it comes to states that are bound by both conventions. By the way, this convention should not be an obstacle to invoking another international agreement that both the sire state and the receiving state is bound by, or any other law in the receiving state, in the intent to obtain backdrop of a child illegally abducted or held back or to get organized the weather court. Art 35. (1) This convention is to be applied between convention states only when there is a speech about illegal abductions or retirees that have taken place after the Convention stepped into effect in these states.
(2) If the statement is made in accordance with Article 39 or 40, the referral in the preceding paragraph shall be understood as a reference to the territorial entity or territorial entities that this convention is to be applied.
Art 36.Nothing in this convention is to prevent two or more convention states to deal in between, in the intent to limit the restrictions that backdelivery of children may be subject to, to absence the provisions of this convention that could be subject to such restrictions.

Chapter VI. The end regulations.

Art 37. (1) The Convention is open to the underdrawing of states that were members of the Hague Conference on international privativ at the time when the 14th session was held.
(2) The ratification shall be ratified or approved and the ratification, the ordinance or approval documents shall be deposited in the Foreign Ministry of the Kingdom of the Netherlands.
Art 38. (1) Any other state can be attributed to the Convention.
(2) The mapping document shall be deposited in the State Department of the Kingdom of the Netherlands.
(3) When it comes to a state that is tilting, the convention takes effect on the first day of the third calendar month after the deposit of the tilting document.
(4) Tiltrition has validity only in the relationship between the state that has attributed and the convention states that have declared that they approve the added. Such a statement must also be provided by all member states that ratify, pass, or approve the Convention after the tri-time. The experience is to be deposited in the State Department of the Kingdom of the Netherlands ; the ministry is going through diplomatic channels sending a confirmed copy to all of the convention states.
(5) The Convention takes effect between a state that is tilting and a state that has declared that it approves the grant, on the first day of the third calendar month after the deposits of the Declaration of Approval.
Art 39. (1) Any state can at the time of underdrawing, ratification, ordinance, approval or tilting declare that the convention should be extended to all territories that the state represents at international level, or to one or more of them. The experience takes effect at the same time as the Convention takes effect for the state it applies.
(2) Such a statement, and also any subsequent expat, shall co-share the Foreign Ministry of the Kingdom of the Netherlands.
Art 40. (1) A convention state consisting of two or more territorial entities with various judicial system in question processed in this Convention can, by the underdrawing, the ratification, the acceptance, approval, or the added, declare that this Convention shall be applied to all the state's territorial entities or only on one or more of them, and can at any time change this statement by making a new statement.
(2) Any such declarations shall co-share the Foreign Ministry of the Kingdom of the Kingdom of the Netherlands and shall indicate expressly the territorial entities in which the Convention shall be used.
Art 41.If a convention state has a governance form in which the eurometed, judgmental and legislative power is distributed between the central government and other authorities in that state, shall an underdrawing, ratification, ordinance or approval of this The Convention, or a tiding to it, or a statement in accordance with Article 40, does not result in any change of the internal power distribution in the state. Art 42. (1) Any Convention State can, seintest at the time of ratification, attaining, approval or tilting, or when it is issued statement in accordance with Article 39 or 40, take either one or both reservations mentioned in Article 24 and article 26 Article (3). No other reservation should be allowed.
(2) Any state can at any time draw back a reservation. The retreat is to co-share the Foreign Ministry of the Kingdom of the Netherlands.
(3) The enhancement will cease to apply on the first day of the third calendar month after the announcement has been made mentioned in the preceding clause.
Art 43. (1) The Convention takes effect on the first day of the third calendar month after the day of the third ratification, acceptance, approval, or additive documents were deposited according to the articles 37 and 38.
(2) Then the Convention takes effect :
1. when it comes to any state that ratify, passes, approves or tilts the Convention at a later time, on the first day of the third calendar month after the day of the state's ratification, acceptance, approval, or additives document was deposited ;
2. when it comes to territories or territorial entities that the convention's Applicability has been extended to according to Article 39 or 40, the first day of the third calendar month after the announcement of the announcement is stated in these articles.
Art 44. (1) The Convention shall apply for five years from the date it takes effect in accordance with Article 43 Article (1). This also applies to the states that later have ratified, enacted, approved or attributed to the Convention or have attributed it. If the Convention is not said up, it shall without further be deemed renewed every five years.
(2) Termination shall co-share the Foreign Ministry of the Kingdom of the Netherlands at least six months before the exit of the five-year period. Upcoming can be limited to specific territories or territorial entities that the Convention is applied to.
(3) Upsising shall apply only to the state of state that has submitted the message. The Convention shall continue to apply to the other convention states.
The Art 45.State Department of the Kingdom of the Netherlands shall inform the conference's member states as well as the states that have been attributed to Article 38, about :
1. Subdrawing, ratification, ordinance and approval as mentioned in Article 37 ;
2. tising as mentioned in Article 38 ;
3. The date of convention takes effect in accordance with the provisions of Article 43 ;
4. Extending as mentioned in Article 39 ;
5. Statement as mentioned in the articles 38 and 40 ;
6. reservations mentioned in Article 24 and Article 26 Article (3), and withdrawal of reservations mentioned in Article 42 ;
7. Upsising as mentioned in Article 44.

Until confirmation of the anchors has underchards of auditorient authorization signed this convention.

The finishing in Haag 25 October 1980 in French and English, as the two lyrics have the same validity, in one copy--

The 14th session recommends the states that are parties in the Convention on the civil sides of international child abduction to use it pattern to the blanks following the application of backdelivery of children who are illegally abducted or held back :

Sikad about flashback delivery

Pattern of the form is not taken here. Forms can be found on the "Coin's website about international child abduction", www.barnebortføring.no