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 on recognition and enforcement of foreign decisions on parental responsibility, etc. and on the return of children (Child Abduction Act).


Date LOV-1988-07-08-72


Affairs Ministry of Justice

Edited

LOV-2015-12-18-126 from 01/01/2016

Published
I #. 13


Effective 04/01/1989, 05/01/1989

Changes


Promulgated


Short Title
child abduction law

Chapter Overview:

Chapter I. Scope. (§§ 1-5)
Chapter II. Recognition and enforcement of decisions on parental responsibility, etc according to Council of Europe. (§§ 6-10)
Chapter III. Returning abducted children by the Hague Convention. (§§ 11-12)
Chapter IV. Proceedings. (§§ 13-18)
Chapter V. MISCELLANEOUS PROVISIONS. (§§ 19-22)
European Convention of 20 May 1980 on the recognition and enforcement of decisions on parental responsibility and the restoration of parental responsibility.
Part I. Central Authorities.
Part II. Recognition and enforcement of decisions and restoration of custody.
Part III. Procedure.
Part IV. Disclaimers.
Part V. Other agreements.
Part VI. Final Provisions.
Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.
Chapter I. scope of the Convention.
Chapter II. Central Authorities.
Chapter III. Returning children.
Chapter IV. Right of access.
Chapter V. General Provisions.
Chapter VI. Final Provisions.
Application for relinquishment

Title amended by Act 12 Dec 2008 no. 85 (ikr. January 1, 2009 acc. Res. 12 Dec 2008 no. 1354). - Cf. The European Convention on 20 May 1980 on the recognition and enforcement of decisions on parental responsibility and the restoration of parental responsibility (promulgated by States July 8, 1988 No.. 557, but here included below) and Convention 25 October 1980 on the Civil Aspects of International Child Abduction (promulgated by States July 8, 1988 No.. 558, but here included below).

Chapter I. Scope.

§ 1. (1) The provisions of §§ 2 to 10, § 13, § 14, §§ 16 to 18 and §§ 20 to 22 apply in relation to the States parties to the Council of Europe 20 May 1980 on the recognition and enforcement of decisions on parental responsibility and the restoration of parental responsibility. Compared to Denmark, Finland, Iceland and Sweden, the provisions do not as far as special regulations apply.
(2) The provisions of §§ 2 to 5, §§ 11 to 13 and §§ 15 to 19 A and §§ 21 to 22 apply in relation to the States parties to the Hague Convention 25 October 1980 on the Civil aspects of international Child abduction.

§ 2. By reciprocity King may decide that the provisions of this Act on the recognition and enforcement of decisions on parental responsibility or the return of the child should also apply in relation to the State not party to the Council of Europe or the Hague Convention.

§ 3. The decision means the Act judgment, ruling, decision or determination made by the court or other official body. The same applies to an agreement approved by the competent public body.

§ 4. This Act applies to children who have not reached 16 years.

§ 5. (1) The Central Authority shall:
(a)
receive and convey communications under the Conventions

(B)
cooperate with the central authorities of the Contracting Parties

(C)
performing the tasks conventions otherwise impose it.

(2) The King determines who will be the central authority under the Act.

Chapter II. Recognition and enforcement of decisions on parental responsibility, etc according to Council of Europe.

§ 6. (1) A decision on custody or visitation rights that have been taken in a State party to the Council of Europe, applies in this country. The decision may form the basis for enforcement in the State where it was rendered (State of origin) may Enforcement also conducted in this country.
(2) If there is no decision as mentioned in the first paragraph as a basis for enforcement in the State of origin at the time the child was abducted over a state boundary, any later decision rendered in a Contracting State and who declare abduction illegal, have the same effect as a decision pursuant to subsection.

§ 7. Recognition and enforcement of a decision referred to in § 6 shall not take place if:
(a)
this would be clearly inconsistent with the fundamental principles of the Norwegian law on family and children's rights conditions | ||
(B)
decision because of altered circumstances obviously no longer complies with the child. As altered circumstances shall be calculated including the time that has passed since the decision was made, but not only change that has occurred in the child's whereabouts after the illegal abduction

(C)

Child at the time the proceedings were instituted before the court or taken while handling administrative body in the State of origin, was a citizen or had residency in this country without also having some such connection to the State of origin

(D)
child at the time the proceedings were instituted before the court or taken while handling administrative body in the State of origin, was a citizen both in this country and in the State of origin and were resident in this country

(E)
child under the law of the State where it is a national or resident has the right to decide where it should stay, or

(F)
decision is incompatible with a decision rendered in the country in case that started before the application for recognition or enforcement was submitted, and the refusal is in accordance with the child. A decision made in a third country and which is enforceable in this country, be equated with decision reached in this country.

§ 8. A decision in a case under § 6 taken without the defendant or defendant's legal representative was present, shall be recognized or enforced when the following conditions are met:
(a)
Defendant has received preached subpoena or similar document with sufficient time to dissipate accordingly. That requirement does not apply if the cause of failure or delay in preaching is that the defendant has kept his whereabouts secret from the counterparty.

(B)
The authority ruling, has built its expertise on either defendant domicile, the child's parents' last joint residence as long as one parent still living there, or at the child's residence.

§ 9. (1) The treatment of a case concerning enforcement of a decision as referred to in § 6 can be halted if:
(a)
decision being appealed by ordinary appeal in the State of origin

(B)
trial custody or visitation rights is raised and not yet completed in this country before the case is brought in the State of origin

(C)
issue of recognition or enforcement of another decision on custody or visitation rights simultaneously processed in another case.

(2) Suspension decided by court. The case resumed by order when punching reason no longer makes stoppage justified.

§ 10. In connection with the recognition and Enforcement of visitation rights, cf. § 6, it can set conditions for the implementation of the right of access.

Chapter III. Returning abducted children by the Hague Convention.

§ 11. (1) Children who are illegally abducted to or retained in this country, to be returned immediately if the child immediately before the removal or retention was domiciled in a State party to the Hague Convention.
(2) Abduction or detention is unlawful if:

(A)
removal or retention is in breach of the right to custody as a person, an institution or tribunal has, either jointly or alone, under the law of the State where the child had his residence immediately before the removal or detention, and

(B)
custody were actually exercised at the time removal or retention occurred or would have been exercised if the removal or retention had not taken place.

§ 12. Return of children under § 11 may be refused if:
(a)
it when the request for restitution was submitted to the court has been at least one year from the illegal abduction or detention took place, and child have settled in their new environment

(B)
there is a serious risk that return will inflict child physical or psychological harm or otherwise place the child in a position that can not be accepted

(C)
child itself opposes the return, and it has reached an age and degree of maturity that makes it appropriate to take into account the child's opinion

(D)
the person, institution or entity that had custody of the child, actually exercised their right to parental responsibility at the time of removal or retention occurred, or had consented to or at a later date accepted removal or retention

(E)
it is incompatible with the basic principles in this country about the protection of human rights to decide relinquishment.

Chapter IV. Proceedings.

§ 13. (1) An application for enforcement of a decision as referred to in § 6 be submitted to the district court, which renders its decision by order.
(2) A request for return of the child pursuant to § 11 be submitted to the Oslo District Court that renders its decision by order. Oslo District Court may conduct any oral proceedings in another jurisdiction where this is considered appropriate.


(3) The petition shall be written in Norwegian or English or be accompanied by translation into Norwegian. Vouchers and written evidence shall be accompanied by a Norwegian or English translation. Courts Act § 136, first paragraph, second sentence shall apply mutatis mutandis.

§ 14. Petition for enforcement of a decision as referred to in § 6 shall be accompanied by a copy of the decision and, if it emerges that the decision was rendered under defendant's absence in the case, a document that shows whether the defendant has been declared or otherwise duly been made aware of the summons or an equivalent document. The application shall also be accompanied by a document showing that the decision be enforced in the State of origin, and provide information about where they are assumed to reside in this country and suggestions on how parental responsibility should be restored.

§ 15. (1) A petition for the return of the child pursuant to § 11 shall include information on the applicants, the child and the person alleged to have abducted or retained the child, and the child's birth date. It shall include an explanation of the claim for restitution and information on where the child is assumed to reside in this country.
(2) If the court so requires, the petition for the return of the child pursuant to § 11 be accompanied by a decision or statement by the competent authority of the State where the child had his residence immediately before the removal or retention, stating that the removal or retention is illegal. It applies only if such an order or declaration can be procured in the state.

§ 16. (1) Proceedings for Enforcement referred to in § 6 and a case concerning the return of children under § 11 shall be treated without delay.
(2) If the court has not ruled a petition for restitution pursuant to § 11 within six weeks after the request was filed, it shall explain the reason for the delay if the plaintiff so requests.

(3) verdict in a case concerning the return of the child pursuant to § 11 may be appealed in accordance with the provisions of the Civil Procedure Act, Chapter 29 and 30. The deadline to appeal against the decision within two weeks.

§ 17. (1) Before the court determines a claim for Enforcement of a decision as referred to in § 6 or petition for return of the child pursuant to § 11 shall a child the age of 7 and younger children who are capable to form their own opinions, informed and given an opportunity to express themselves, when this is not impossible. Child must be given due weight in accordance with age and maturity.
(2) The judge may conduct interviews with the child. The court may appoint an expert to help him, or let an expert interviewing child alone. Where the child has communicated its opinion, should the judge or the judge pointed out to inform the child about the outcome of the case and how the meaning of the child has been taken into account.

(3) The court may appoint an expert to comment on any of the issues raised by the case.

(4) An expert appointed under the second and third paragraphs are bound to secrecy about what emerges about personal matters in connection with the assignment. The expert may notwithstanding the confidentiality provide all the information obtained to the court.

(5) The costs of the use of an expert by the State. An expert appointed by subsections shall be remunerated by the Act of 21 July 1916 No.. 2 about witnesses and experts remuneration etc.

§ 18. (1) The provisions of the Children Act of 8 April 1981. 7 §§ 60 and 65 apply to cases concerning Enforcement under § 6 and return in accordance with § 11 of the Children Act § 65 first paragraph also applies on execution of visitation rights. The provisions of the Enforcement Act apply insofar as appropriate for cases involving Enforcement under § 6 and return under § 11.
(2) A ruling on enforcement of decision under § 6 or relinquishment of children under § 11 may petition enforced when ruling enforceable and an eventual fulfillment deadline has been exceeded. If it is considered to be best for the child, the court may nevertheless determine that an injunction can be sought enforced when it is preached, and any fulfillment deadline has expired.

(3) If it is not advisable that the child is with one parent while a case concerning enforcement under § 6 or drop by § 11 treated, the court may decide that the child should take care of the child until the case is finally settled. Decides court that the child should remain with one parent while case as mentioned treated, see Children Act § 60, may be imposed to exercise assemblage.

Chapter V. MISCELLANEOUS PROVISIONS.


§ 19. (1) If, during the processing of a case concerning custody or visitation rights under the Children Act 8 April 1981 No.. 7 is ascertained that the child is requested relinquished pursuant to § 11 of this Act, the court shall not give judgment the matter before the petition is finally decided.
(2) Does the court in a case referred to in (1) notification of central authority that a child is illegally abducted to this country or illegally detained here without it being put forward a request for return of the child pursuant to § 11, the court not rule on the matter before it is passed reasonable time without a petition has been submitted.

§ 19a. (1) The Central Authority shall inform the child welfare service in the child's home municipality when a child is returned to this country after an illegal abduction or illegal detention in a State party to the Hague Convention. Notification may be granted notwithstanding the confidentiality.
(2) The Central Authority shall inform the child welfare service where the child is when a child is illegally abducted to this country or unlawfully retained here by the Hague Convention. Notification may be granted notwithstanding the confidentiality.

§ 20. (1) Where a child is domiciled in this country is abducted abroad or retained in another country, may the court in the place where the child last stayed, at the request of the person having parental responsibility utter ruling that the action is illegal. The same applies if the child has been abducted or held back by a party who has parental responsibility in cases where parental responsibility is shared and the other party requests it. Abduction or illegal detention under the preceding sentence are not if the stay abroad takes place with the consent of the other party or the case of a short stay and it seems obvious that the child will return as planned, see Children Act § 40 first paragraph.
(2) If the defendant's whereabouts are unknown and can not be ascertained, the case under this section is determined even if the defendant has not been preached subpoena or other documents in the case.

§ 21. The King may issue regulations to supplement and implement the law. King may by regulations also waive the provisions of the Act, if it is necessary to fulfill Norway's obligations under agreements with foreign states.

§ 22. This Act comes into force from the date decided by the King. The provisions on recognition and enforcement of decisions on parental responsibility and visitation rights and the provisions on the return of children may be given effect from different times.

European Convention of 20 May 1980 on the recognition and enforcement of decisions on parental responsibility and the restoration of parental responsibility.

The member States of the Council of Europe which have signed this Convention; Recognizing that the child's best is crucial in Council of Europe member states when it comes to decisions on parental responsibility; Considering that measures to ensure the recognition and enforcement of decisions on parental responsibility will lead to better protection of the child's best interests; Considering it desirable, with this aim in view, to emphasize that parental visitation rights is a natural follow-up of parental responsibility; Noting the increasing number of cases where children have been abducted over a state border and the difficulty in finding full workable solutions to the problems that this causes; Wanting to introduce appropriate regulations to restore parental responsibility that has been canceled arbitrarily; Convinced that it is desirable to take measures to this end that is adapted to different needs and conditions; Wanting to establish cooperation on legal issues between their authorities, is agreed as follows:

Article 1 of this Convention, with (a) child means a person of any nationality, as long as he is under 16 years old and not even have the right to decide how he will live according to the law of the country where he domiciled, or where he is a citizen, or under the domestic law of the receiving state;
(B) authority: judicial or administrative authority;
(C) decision on parental responsibility: decision made by an authority, to the extent that the decision relates to the care of the child's person, including the right to decide where the child will live and the right to access to the child;
(D) illegal abduction, abduction of a child across a state border in violation of a decision on parental responsibility for the child who is hit and enforceable in a Contracting State; illegal abduction deemed too:

(I)
neglect to return a child across a state boundary, when the time to exercise visitation rights with the child is expired, or when time runs out for another casual stay in a different area than where parental responsibility exercised;

(Ii)
abduction which subsequently declared unlawful as defined in Article 12.

Part I. Central Authorities.


Article 2 (1) Any Contracting State shall designate a central authority that shall perform the duties prescribed in this Convention.
(2) Federal States and States with more than one legal system shall be free to designate more than one central authority and shall determine these authorities' powers.

(3) The Secretary General of the Council of Europe shall be notified of all central authorities designated pursuant to this Article.

Article 3 (1) The Central Authorities of the Contracting Parties shall cooperate with each other and promote cooperation between the competent authorities in their respective countries. They shall perform their duties without undue delay.
(2) To facilitate the implementation of this Convention shall be the central authorities of the Contracting Parties:

(A)
ensure that requests for information be forwarded, when these requests coming from competent authorities and relating to legal or factual questions about pending matters;

(B)
upon request, provide each other with information about their own country's laws concerning parental responsibility and changes in these laws;

(C)
keep each other informed of the difficulties that are likely to arise in applying the Convention and as far as possible, remove the obstacle to the application.

Article 4 (1) Any person who has obtained a decision on parental responsibility for a child in a Contracting State and who wish to have the decision recognized or enforced in another Contracting State may submit an application for this to the central authority in any Contracting State.
(2) The application shall be attached to the documents referred to in Article 13.

(3) The Central Authority of the State in which the application is filed shall, unless it is the Central Authority of the State submitting the documents to the Central Authority in the State directly and without delay.

(4) The Central Authority of the State in which the application is filed, may refuse to forward it, if it is clear that the conditions laid down in this Convention are not met,

(5) The Central Authority of the State where the application is submitted shall, without delay keep the applicant informed of the time.

Article 5 (1) The Central Authority of the receiving State shall, without delay, take or leave take all decisions it deems appropriate, if necessary by adding matter to the competent authorities, to:
(a)
ascertain whereabouts of the child;

(B)
avoid, particularly through the necessary provisional measures, the child or the applicant's interests are harmed;

(C)
ensure recognition or enforcement of the decision;

(D)
ensure that the child is handed over to the applicant when enforcement is achieved;

(E)
inform the authority which sends the application for the measures taken and the outcome of these.

(2) If the Central Authority of the requested State has reason to believe that the child is within the area of ​​another Contracting State, the direct and without delay submit the documents to the Central Authority of the State.

(3) With the exception of costs to get the child back home sent, all States Parties commit themselves not to claim any payment for the measures that the Central Authority of the receiving State hit on behalf of the applicant pursuant to paragraph (1) of this Article, medreknet expenses and costs of litigation and, when this is the case, legal expenses.

(4) If recognition or enforcement is denied, and if the central authority of the requested State considers that it should comply with the applicant's request to initiate legal proceedings in the receiving State concerning the merits of the case, the Central Authority shall make every effort to ensure that the applicant in this case is represented on terms no less favorable than those applicable to a resident in or are citizens of the state. For this purpose, the Authority may in particular refer the matter to its competent authorities.

Article 6 (1) Without prejudice to specific agreements between the relevant central authorities and to the provisions of paragraph (3) of this Article shall be;
(A)
notices to the Central Authority of the receiving State is printed in the official language or one of the official languages ​​of the requested State or accompanied by a translation into that language;

(B)
Central Authority of the State addressed accept messages written in English or French or accompanied by a translation into one of these languages.

(2) Reports from the Central Authority of the State addressed, including the results of investigations carried out, can be written in the official language or one of the official languages ​​of the State addressed or in French or English.

(3) Any Contracting Party may wholly or partly himself from the provisions of paragraph (1) point (b) of this Article. When a Contracting State has made such a reservation, any other State Party also pleaded this prejudice against the state.


Part II. Recognition and enforcement of decisions and restoration of custody.

Article 7 A decision on parental responsibility that is taken in a Contracting State shall be recognized and, if it is enforceable in the State of origin, enforceable in all other Contracting States.

Article 8 (1) When an illegal abduction exists, the central authority of the requested State shall take immediate action to restore parental responsibility if:
(a)
child and his parents, at the time when the proceedings were initiated in the state in which the decision was rendered, or at the time when the illegal abduction took place, whether this was previously, were nationals only in that state and the child had his residence within its territory, and

(B)
request for restoration is filed by a central authority within six months from the date when the illegal abduction took place.

(2) If the requirements specified in paragraph (1) of this Article according to the receiving state law can not be fulfilled without the involvement of a judicial authority, none of the reasons for refusing to relinquish the child set forth in this Convention , pleaded during the legal proceedings.

(3) If there is an agreement officially confirmed by a competent authority between the person having custody of the child and another person, who is to give the other person visitation rights, and if the child, having been brought out of the country, has not been handed back to the person who has parental responsibility at the end of the agreed period, the parents responsibility is restored in accordance with paragraphs (1) (b) and (2) of this Article. The same shall apply if there is a decision of the competent authority that gives a person who has parental responsibility such a right.

Article 9 (1) In other cases of illegal abduction than those mentioned in Article 8, the recognition or enforcement, when an application is received by a central authority within six months from the date when the illegal abduction took place, only be refused if:
(a)
decision was made without the defendant or his legal representative was present, the defendant was not properly have been notified of the document that the case raised, or equivalent document in time to arrange with his defense; such a lack of communication can still not be the basis for refusing recognition or enforcement when notification has not taken place because the defendant has kept his stay somewhere secret for the person who has filed a suit in the State of origin;

(B)
decision was announced without the defendant and his legal representative were present, and the authority that issued the decision, not built his expertise in:

(I)
defendant domicile, or

(Ii)
the residence as the child's parents later than had in common, while one of the parents still live there, or

(Iii)
child's habitual residence;

(C)
decision is incompatible with a decision on parental responsibility that could be enforced in the State addressed before the child was abducted, provided that no child had his residence in seeking its territory for at least one year before the abduction took place.

(2) If it is not submitted an application to a central authority, the provisions of paragraph (1) of this Article shall apply in the same manner when requested recognition and enforcement within six months from the date on which the illegal abduction took place.

(3) The foreign decision making reality can no opportunity retried.

Article 10 (1) In cases other than those mentioned in Articles 8 and 9, the recognition and enforcement is denied not only for the reasons set out in Article 9, but also one of the following reasons: || | (a)
if it is established that the consequences of the decision is clearly inconsistent with the fundamental principles of the requested state legislation on family and children;

(B)
if it is determined that the effects of the original decision obviously is no longer consistent with the best interests due to altered circumstances, including the elapsed time, but not exclusively the change of the child's residence place after an illegal abduction ;

(C)
if the child at the time when the proceedings were instituted in the State of origin:

(I)
was a national of the receiving State or had his residence there and had no such connection to the State of origin:

(Ii)
was a citizen both in the State of origin and the receiving State and were resident in the State:

(D)
if the decision is incompatible with a decision rendered in the State or by a decision which is enforceable in the State after being hit in a third country, as a result of legal proceedings before the application recognition or enforcement was submitted, and the refusal is in accordance with the child.


(2) On the same conditions, the matters relating to recognition and enforcement be postponed by one of the following reasons:

(A)
if the initial decision is made the subject of the review in a conventional manner;

(B)
if litigation regarding custody of the child progress in the State and this matter was commenced prior issue was raised in the State of origin;

(C)
if another decision concerning the custody of the child is the subject of enforcement or other treatment as regards recognition of the decision.

Article 11 (1) Decisions about visitation rights and provisions of decisions on parental responsibility concerning visitation rights shall be recognized and enforced under the same conditions as those applicable to other decisions on parental responsibility.
(2) The competent authority of the receiving State may provide the conditions to fulfill and exercise the right of, paying particular regard to the obligations undertaken by the Parties in the case.

(3) When it has not been made any decision with regard to visitation rights or when recognition or enforcement of the decision relating to custody is refused, the Central Authority of the receiving State apply its competent authorities that making a decision about visitation rights, if the person who makes entitled to visitation rights so requests.

Article 12 If, at the time when the child was abducted over a state boundary, was no decision on parental responsibility that is enforceable in a Contracting State, the provisions of this Convention apply to all later decisions concerning custody of this child and declaring illegal abduction, when these decisions are taken in a Contracting State at the request of a person concerned.

Part III. Procedure.

Article 13 (1) A request for recognition or enforcement in another Contracting State of a decision relating to custody shall be accompanied by:
(a)
a document that gives the central authority in the State authority to act on behalf of the applicant or to designate another representative for this purpose;

(B)
a copy of the decision which satisfies the necessary conditions for that document shall be deemed authentic;

(C)
when the decision is made without the defendant or his legal representative has been present, a document showing that the defendant has duly been notified of the document that the case raised or an equivalent document;

(D)
, where applicable, a document showing that the decision is enforceable by law in the State of origin;

(E)
if possible, a statement of where the child is or likely to be in the receiving State;

(F)
suggestions on how custody of the child should be restored.

(2) The above documents shall, if necessary accompanied by a translation in accordance with the provisions of Article 6

Article 14 Any Contracting State shall apply a simple and rapid procedure in terms of recognition and enforcement of decisions on parental responsibility. For this purpose the state ensure that request for enforcement may be accomplished by a simple application.

Article 15 (1) Before the competent authority of the requested State hitting a decision pursuant to paragraph (1) (b) of Article 10:
(a)
shall bring the child's opinion is clear, when this is not practically impossible, especially because of her age and maturity; and

(B)
may require other appropriate investigations are undertaken.

(2) Costs for research undertaken in a Contracting State shall be borne by the State where the studies were done.

(3) The request for examination and the results of these can be sent to the authority in question through the central authorities.

Article 16 In implementing this Convention can not be required legalization or similar formality.

Part IV. Disclaimers.

Article 17 (1) Any Contracting State may, in the cases mentioned in Articles 8 and 9, or in one of these articles, the right to refuse recognition and enforcement of decisions on parental responsibility for the reasons set out Article 10 and that may be specified in the reservation.
(2) Recognition and enforcement of decisions rendered in a Contracting State that has made a reservation under paragraph (1) of this Article may be refused in any other Contracting State of all the additional reasons as specified in the reservation.

Article 18 Any Contracting State may make a reservation that it shall not be bound by the provisions of Article 12. The provisions of this Convention shall not apply to decisions referred to in Article 12 which is taken in a Contracting State that has made such a reservation.

Part V. Other agreements.


Article 19 This Convention shall not preclude to be pleaded another international agreement existing between the State of origin and the receiving State, or another law in the State which does not originate from an international treaty, to achieve recognition or enforcement of a decision .

Article 20 (1) This Convention shall not encroach on the obligations as a Contracting State may have towards a non-Contracting State under an international agreement on the issues addressed in this Convention.
(2) If two or more Contracting States have adopted identical laws concerning parental responsibility for children or have established a special system for recognition and enforcement of decisions in this area, or if they should do it in the future, they shall be entitled to apply those laws or that system among themselves instead of this Convention or any part of it. When states make use of this provision, they shall notify the Secretary General of the Council of Europe of its decision. All modifications and withdrawals of this decision shall also be communicated.

Part VI. Final Provisions.

Article 21 This Convention is open for signature by member states of the Council of Europe. It shall be ratified, accepted or approved. Ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Article 22 (1) This Convention shall enter into force on the first day of the month following the end of a period of three months from the date on which three member States of the Council of Europe agree to do to be bound by the Convention in accordance with the provisions Article 21.
(2) as regards other member States that subsequently expresses its consent to be bound by it, shall take effect on the first day of the month following the expiration of a period of three months from the date of deposition of ratification, acceptance or approval.

Article 23 (1) After this Convention has entered into force, the Council of Ministers of the Council of Europe invite a State which is not a member of the Council of Europe to accede to the conventions of a decision to be taken by the majority specified in Article 20 di Statute and by the unanimous vote of the representatives of the Contracting States entitled to sit in the Council of Ministers.
(2) the case of an acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months from the date of deposit of accede gizmo document with the Secretary General of the Council of Europe.

Article 24 (1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession gizmo document, specify the territory or territories to which this Convention shall apply.
(2) Any State may at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. Regarding this territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months from the date when the Secretary-General received the declaration.

(3) Any declaration made under the two preceding paragraphs, be withdrawn by notification to the Secretary-General as regards any territory specified in the declaration. The withdrawal shall enter into force on the first day of the month following the expiration of a period of six months from the date when the Secretary General of such notification.

Article 25 (1) A State which comprises two or more territorial units in which different systems of law in matters concerning parental responsibility for children and the recognition and enforcement of decisions on parental responsibility, concomitant with signature or when state depositing its instrument of ratification, acceptance elses -, approval or accession dings, declare that this Convention shall apply to all territorial units or only to one or more of them.
(2) The State may, at any later date, by declaration addressed to the Secretary General of the Council of Europe extend the application of this Convention to any other territorial unit specified in the declaration. When it comes to such a territorial unit, the Convention shall enter into force on the first day of the month following the expiration of a period of three months from the date when the Secretary-General received the declaration.

(3) A declaration made under the two preceding paragraphs, be withdrawn by notification to the Secretary General with respect to any territorial unit specified in the declaration. The withdrawal shall enter into force on the first day of the month following the expiration of a period of six months from the date when the Secretary General of such notification.


Article 26 (1) When it comes to states in matters concerning parental responsibility for children has two or more systems of law with regard to territorial application, shall:
(a)
reference to the law of a person's residence or citizenship understood as referring to the legal system is determined by the rules of the state, or, if there is no such rules, to the system that the person in question, has the strongest association with;

(B)
reference to the State of origin or the State understood, depending of conditions here, as referring to the territorial unit where the decision was made, or to the territorial unit where it was requested recognition or enforcement of the decision or if recovery parental responsibility.

(2) Paragraph (1) point (a) of this Article shall likewise be applied with the necessary modifications, in relation to States in matters concerning parental responsibility for children has two or more systems of law with regard to the use of people.

Article 27 (1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession dings, declare that it avails itself of one or more of the reservations mentioned in article 6, paragraph (3), Article 17 and Article 18 of this Convention. No other reservation may be made.
(2) Any Contracting State which has made a reservation under the preceding paragraph may withdraw this completely or partially back by notification to the Secretary General of the Council of Europe. The withdrawal takes effect from the day the Secretary-General received the message.

Art 28. After the end of the third year following the date on which this Convention entered into force, the Secretary General of the Council of Europe on its own initiative, at any time after this date, invite the representatives of the central authorities designated by the Contracting States; to meet to study and to facilitate the application of the Convention. Each member state in the Council of Europe which are not party to the Convention, may be represented by an observer. It should be from each of these meetings prepared a report to be sent Council of Ministers of the Council of Europe for information.

Article 29 (1) A party may denounce this Convention at any time by notification to the Secretary General of the Council of Europe.
(2) The denunciation shall enter into force on the first day of the month following the expiration of a period of six months from the date when the Secretary General of such notification.

Article 30 (1) The Secretary General of the Council of Europe shall notify the member states of the Council of Europe and all States that have acceded to this Convention of:
(a)
signature:

(B)
deposit of instruments of ratification, acceptance, approval and accession gizmo documents;

(C)
effective date of the Convention in accordance with Articles 22, 23, 24 and 25;

(D)
other documents, notifications or communications relating to the Convention.

(2) To WHEREOF the undersigned duly authorized have signed this Convention.
Done at Luxembourg May 20, 1980 in French and English, the two texts being equally authentic, in one copy - - -

Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

The States signatory to this Convention; That is of the firm conviction that the best is of paramount importance in matters concerning parental responsibility for the child; Wanting to protect the child at the international level against the adverse effects of illegal abduction or retention and to establish procedures to ensure that the child is immediately brought back to the state where it is domiciled and to ensure protection of the right of access; Have decided to conclude a convention for this purpose and have agreed upon the following provisions:

Chapter I. scope of the Convention.

Art 1. The purpose of this Convention - (a) to ensure prompt return of children who are abducted or illegally detained in a Contracting State; and
(b) to ensure that the right to custody and visitation rights in a Contracting State effectively respected in other Contracting States.

Art 2. States Parties shall take all necessary measures to ensure that the purpose of this Convention are met within their territories. To this end they shall apply the procedures for the shortest time.

Article 3 (1) Abduction or detention of a child shall be considered illegal when:
(a)
it is in violation of a right of custody is awarded to a person, an institution or another ultimately, either jointly or alone, under the law of the State where the child had his residence immediately before the removal or retention; and;

(B)

This right was actually exercised jointly or alone, at the time of removal or retention occurred or would have been exercised unless removal or retention had occurred.

(2) The right of parental responsibility referred to in subparagraph (a) may primarily be a result of law or of a judicial or administrative decision but also by an agreement with legal validity under the law of the state.

Article 4 The Convention shall apply to all children who were resident in a Contracting State immediately before the right to custody or visitation were violated. The Convention shall no longer be used when the child has reached 16 years.

Article 5 of this Convention shall:
(a) "the right to custody" shall include the right to care for the child's person and in particular the right to determine where the child will live;

(B) "right of access" include the right to bring the child to a place other than where the child is domiciled for a limited time.

Chapter II. Central Authorities.

Article 6 (1) Any Contracting State shall designate a central authority that shall be commissioned to fulfill the obligations of this Convention obliges such central authorities.
(2) Federal States, States with more than one system of law or States with autonomous territorial organization shall be entitled to appoint more than one Central Authority and to specify these authorities territorial powers. States which have availed themselves of this entry shall designate the central authority to receive applications for further shipment to the competent central authority of the state.

Article 7 (1) Central Authorities shall cooperate with each other and promote cooperation between the competent authorities in their respective States to ensure that children are immediately returned and to reach the other objectives set forth in this Convention.
(2) They shall, in particular, either directly or through an intermediary, take all necessary measures:

(A)
to find out where a child is located that has been wrongfully removed or retained;

(B)
to prevent the temporary measures that the child will further harm or that the parties concerned will be adversely affected;

(C)
to ensure that the child be returned voluntarily or to reaching an amicable solution;

(D)
to exchange information on the child's social background, if desired;

(E)
to provide general information on the law of its State concerning the application of the Convention;

(F)
to initiate legal or administrative proceedings, or to promote such negotiations achieved, in order to get the child returned and, if necessary, to organize or ensure genuine exercise of the right of access;

(G)
for, if necessary, to ensure that it is achieved, or to make it easier to obtain legal aid and advice, including the participation of attorney;

(H)
to ensure, by the administrative measures as may be necessary and appropriate, the child comes back safely;

(I)
to keep each other informed of functioning of the Convention and, insofar as possible, to remove obstacles to the application of the Convention.

Chapter III. Returning children.

Article 8 (1) A person, an institution or an entity that claims that a child is abducted or detained in violation of their right to parental responsibility, can apply either the Central Authority of the State where the child is domiciled or central authority in any another Contracting State aid to ensure that the child is returned.
(2) The application must include:

(A)
information about the applicant and the child's identity and whether the person's identity who is alleged to have abducted or retained the child;

(B)
child's birth date, if available;

(C)
the reasons for which the applicant pleaded to regain the child;

(D)
all available information about whereabouts of the child and the identity of the person with whom the child is presumed to be in.

(3) The application may be supplemented with or attached:

(E)
a certified copy of any relevant decision or agreement;

(F)
a certificate or declaration, confirmed by a central authority or other competent authority of the State where the child is domiciled or by a competent person, regarding state laws in this area;

(G)
all other relevant documents.

Art 9. If the central authority that has received an application under Article 8 has reason to believe that the child is in another Contracting State, the directly and without delay transmit the application to the Central Authority of that Contracting State and inform the Central Authority the applicant state or any applicant.


Article 10 The Central Authority of the State where the child is shall take or leave take all appropriate measures to have the child returned voluntarily.

Article 11 (1) The legal or administrative authorities of the Contracting States shall act expeditiously in proceedings to have children relinquished.
(2) If the legal or administrative authority it does not have struck any decision when it has been six weeks from the date when the proceedings were initiated, the applicant or the Central Authority of the receiving State, on its own initiative or at the request of the Central Authority of the State seeks , the right to demand an explanation of the reasons for the delay. Where the central authority in the State receiving an answer, that authority shall reply to the central authority of the applicant State or any of the applicant.

Article 12 (1) Where a child is wrongfully removed or retained as defined in Article 3, and if, at the time when the proceedings were initiated by the legal or administrative authority of the Contracting State where the child is located, is been less than one year from the date of removal or retention occurred, the competent authority shall require that the child be returned immediately.
(2) In cases where matters are initiated by the end the one-year period mentioned in the preceding paragraph shall be the legal or administrative authority may order that the child be returned, unless it is established that the child has found the right in their new environment.

(3) If the legal or administrative authority of the requested State has reason to believe that the child has been brought to another state, it can stop the case or dismiss the application for return of the child.

Article 13 (1) Notwithstanding the provisions of the foregoing Article are obliged not the legal or administrative authority in the State to impose any return of the child if the person, institution or other body which opposes its return, shows that:
(a) | || the person, institution or entity that had custody of the child's person, not actually exercised their right to parental responsibility at the time of removal or retention occurred or had agree to do or at a later stage accepted removal or retention; or

(B)
there is a serious risk that return will inflict child physical or psychological harm or otherwise place the child in a situation that can not be accepted.

(2) The legal or administrative authority may also refuse to order the return of the child if it finds that the child objects to return and the child has reached an age and degree of maturity that makes it appropriate to take into account the child's opinion.

(3) When the legal or administrative authorities considering the circumstances referred to in this Article shall take account of the information about the child's social background provided by the Central Authority or other competent authority in the State where the child is domiciled .

Article 14 When the legal or administrative authorities of the receiving State making assessments about whether there is unlawful abduction or retention as defined in Article 3, it can be taken directly into account the law and legal or administrative decisions, whether they are formally approved or not, in the State where the child is domiciled, without benefit the specific procedures that otherwise would have been used to prove the law or for the recognition of foreign decisions.

Art 15. Before the legal or administrative authorities of a Contracting State enjoins the return of a child, they may require that the applicant furnishes a decision or a declaration by the authorities in the State where the child is domiciled, where it is determined that the abduction or detention was unlawful as defined in Article 3 of the Convention, to the extent that such a decision or such declaration can be obtained in the state. The Central Authorities of the Contracting States shall as far as possible assist the applicant in the provision of such a decision or such declaration.

Article 16 When the legal or administrative authorities of the Member State in which the child has been abducted to or retained in, receive notification of the existence of an unlawful abduction or retention of a child under Article 3, they shall not make a decision about reality concerning parental responsibility before it is determined that conditions for their return in accordance with this Convention is not present, or until at least a reasonable time without receipt of application in accordance with this Convention.


Art 17. Alone the fact that a decision on parental responsibility taken or is entitled to recognition in the State shall not be grounds for refusing to deliver the child back within the framework of this Convention, but the legal or administrative authorities of the receiving State may take Due to the reasons for the decision when the convention applied.

Article 18 The provisions of this Chapter shall not restrict a judicial or administrative authority authorized at any time to require that the child be returned.

Article 19 A decision on the return of the child within the framework of this Convention shall not be construed as a determination of the merits of the issue of the right to parental responsibility.

Article 20 Return of children in accordance with the provisions of Article 12 may be refused if it would not be permitted by the fundamental principles of the requested State on the protection of human rights and fundamental freedoms.

Chapter IV. Right of access.

Article 21 (1) An application for getting organized visitation rights or ensured that visitation rights can actually be exercised, can be shipped the central authority of a Contracting State in the same way as an application for return of a child.
(2) The Central Authorities are bound by the obligations of cooperation mentioned in Article 7 with a view to achieving the right of access can be exercised under calm conditions and that the conditions are met that are set to exercise visitation rights. Central authorities shall take steps to remove, as far as possible, all obstacles to exercise visitation rights.

(3) The Central Authorities may, either directly or through intermediaries, initiate or assist in the introduction of legal proceedings with a view to organizing or securing visitation rights and conditions to exercise this.

Chapter V. General Provisions.

Article 22 No security, collateral or security deposit, no matter what it is called, will be required to guarantee the payment of costs and expenses in connection with legal or administrative proceedings within the framework of this Convention.

Article 23 No legalization or similar formality shall be required in the context of this Convention.

Article 24 (1) All applications, notices or other documents shall be sent to the Central Authority of the receiving State in the original language and accompanied by a translation into the official language or one of the official languages ​​of the receiving State or, if this is difficult to do, one translation into French or English.
(2) A Contracting State may, however, by making a reservation in accordance with Article 42, object to that either French or English, but not both languages, are used in applications, notices or other documents sent to the state's central authority.

Article 25 Nationals of a Contracting State and a resident of a Contracting State shall be entitled to legal aid and advice in another Contracting State in matters concerning the application of this Convention, under the same conditions as if they themselves were nationals of and resident in this state.

Article 26 (1) Any central authority shall bear its own costs in applying this Convention.
(2) Central Authorities and other public bodies of the Contracting Parties shall not levy any fee in relation to applications submitted under this Convention. They must above all not demand payment of applicant for costs and expenses of legal proceedings or any expenses for legal counsel. They may still require payment for expenses that have occurred or are expected to occur in connection with the return of the child.

(3) A Contracting State may, however, by making a reservation as provided for in Article 42, declare that it is not obliged to bear the costs referred to in the preceding paragraph and which is linked to participation and solicitor or barrister or proceedings, except when these costs can be covered by the state system of legal aid.

(4) Where a judicial or administrative authority commands to relinquish a child or hitting a decision on visitation rights within the framework of this Convention, the Authority, when it is due to the order the person who has abducted or detained child or has prevented the exercise of the right of access, to pay all necessary expenses that have arisen for the applicant or on behalf of the applicant, including travel expenses, costs for the applicant's legal representative and costs in connection with the return of the child, as well as costs that have arisen or payments that have been made to find the child.


Article 27 Where it is evident that the conditions set forth in this Convention are not filled or that the application is well-founded, the central authority is not obliged to accept the application. In such a case the Central Authority shall promptly notify the applicant or, where appropriate, the central authority that has forwarded the application, the reason for this.

Article 28 A Central Authority may require the application accompanied by a written authorization giving the authorities the right to act on behalf of the applicant or to designate a representative who is entitled to act on behalf of the applicant.

Article 29 This Convention shall not preclude a person, institution or entity, claiming that there has been a violation of the right to custody or visitation as defined in Articles 3 and 21, may apply directly to the legal or administrative authorities of a Contracting State, whether the provisions of this Convention is implemented or not.

Article 30 Any application that is submitted to a central authority or directly to the judicial or administrative authorities of a Contracting State in accordance with the provisions of this Convention, as well as all documents or information submitted with the application or obtained by a central authority, be allowed to use the courts or by the administrative authorities of the Contracting States.

Article 31 When it comes to states in matters of parental responsibility for children has two or more legal systems used in different territorial units shall:
(a) any reference to residence in the state is considered as residence in a territorial unit in the state;

(B) any reference to the law of the State of residence is regarded as the law of the territorial unit where the child is domiciled in the state.

Article 32 When it comes to states in matters of parental responsibility for children has two or more legal systems applicable to different categories of persons, any reference to the law of the state is considered as the legal system specified in the state law.

Art 33. A State where different territorial units have their own laws on parental responsibility for children shall not be bound to apply this Convention where a State with a unified system of law would not be obliged to do so.

Article 34 This Convention runs within its scope front States October 5, 1961 the authorities' powers and law to be applied in matters of protection of minors, as regards States bound by both Conventions. By the way, this Convention shall not preclude applying any other international agreement which both the State of origin and the receiving State is bound, or another law of the State in order to have relinquished a child wrongfully removed or retained or getting organized visitation rights.

Article 35 (1) This Convention shall apply between Contracting States only in the case of illegal abductions or detentions that have taken place after the Convention entered into force in these States.
(2) If it is made a declaration under Article 39 or 40, the reference in the preceding paragraph to a Contracting State is understood as referring to the territorial unit or the territorial units to which this Convention shall apply to.

Article 36 Nothing in this Convention shall prevent two or more Contracting States to agree among themselves, in order to limit the restrictions that the return of the child may be subject, to waive the provisions of this Convention that may involve such restrictions .

Chapter VI. Final Provisions.

Article 37 (1) The Convention is open for signature by States which were Members of the Hague Conference on Private International Law at the time of the fourteenth session was held.
(2) It shall be ratified acceptance or approval and ratification, acceptance or approval shall be deposited in the Foreign Affairs of the Kingdom Netherlands.

Article 38 (1) Any other State may accede to it.
(2) of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom Netherlands.

(3) As regards any State acceding to, this Convention shall enter into force on the first day of the third calendar month after the deposit of accede gizmo document.

(4) Accession Vlaardingen have validity only in relations between the State which has acceded and the Contracting States which have declared that they approve accede installment. Such a declaration must also be submitted by all Member States ratifying, accepting or approving the Convention after accession installment. The declaration shall be deposited in the Foreign Affairs of the Kingdom Netherlands; Ministry shall, through diplomatic channels transmit a certified copy to all Contracting States.


(5) The Convention enters into force between a State acceding and a State which has declared that it accepts accede installment, the first day of the third calendar month after the deposit of the declaration of approval.

Article 39 (1) Any State may at the time of signature, ratification, acceptance, approval or accession declare that the Convention's application to be extended to all territories that the state represents at international level, or to one or more of them. The declaration comes into force at the same time the Convention enters into force for the State concerned.
(2) Such a declaration, and also any later extensions shall be notified of Foreign Affairs of the Kingdom Netherlands.

Article 40 (1) A Contracting State which comprises two or more territorial units with different systems of law in question dealt with in this Convention may, upon signature, ratification, adoption, approval or accession, declare that this Convention shall apply to all state's territorial units or only to one or more of them and may modify this declaration by submitting a new declaration.
(2) Any such declaration shall be notified of Foreign Affairs of the Kingdom the Netherlands and shall state expressly the territorial units to which the Convention applies.

Article 41 If a Contracting State has a form of government where the applied, judicial and legislative powers are distributed between central and other authorities in the state, going to a signature, ratification, acceptance or approval of this Convention or accession to it, or a declaration under Article 40, does not entail any change of the internal distribution of power in the state.

Article 42 (1) Any Contracting State may, not later than at the time of ratification, acceptance, approval or accession, or when it issued a declaration under Article 39 or 40, take either one or both reservation mentioned in Article 24 and Article 26 paragraph (3). No other reservation shall be permitted.
(2) Any State may at any time withdraw a reservation. The withdrawal shall be notified of Foreign Affairs of the Kingdom Netherlands.

(3) The reservation shall cease to apply on the first day of the third calendar month after the notification is issued as mentioned in the preceding paragraph.

Article 43 (1) shall enter into force on the first day of the third calendar month after the date of the third instrument of ratification, acceptance, approval or accession gizmo documents were deposited under articles 37 and 38.
( 2) Thereafter the Convention shall enter into force:

1.
Terms each State ratifying, accepting, approving or acceding to the Convention at a later stage, the first day of the third calendar month after the date of its instrument of ratification, acceptance, approval or accession gizmo document was deposited;

2.
Terms territories or territorial units to which application of the Convention is extended under Article 39 or 40, the first day of the third calendar month after the notification is issued as mentioned in these articles.

Article 44 (1) The Convention shall apply for five years from the date it enters into force in accordance with Article 43 paragraph (1). This also applies to the States later ratified, adopted, approved or acceded to the Convention or has acceded to it. If the Convention is not terminated, it shall without further considered renewed every five years.
(2) Oppsiging shall be communicated to the Foreign Affairs of the Kingdom Netherlands at least six months before the end of the five year period. The denunciation may be limited to apply to particular territories or territorial units to which the Convention applied.

(3) Denunciation shall apply only to the State that sent the notification. The Convention shall remain in force for the other Contracting States.

Article 45 of Foreign Affairs of Kingdom of the Netherlands shall notify the conference's member states and the states that have acceded in accordance with Article 38, if:
1. signature, ratification, acceptance and approval as referred to in Article 37;

2. accession under Article 38;

3. the date the Convention enters into force in accordance with the provisions of Article 43;

4. expanding as referred to in Article 39;

5. declaration referred to in Articles 38 and 40;

6. reservations referred to in Article 24 and Article 26 paragraph (3), and withdrawal of reservations referred to in Article 42;

7. denunciation under Article 44.
To whereof has undersigned duly authorized have signed this Convention.
Done at The Hague October 25, 1980 in French and English, the two texts being equally authentic, in one copy - - -

The fourteenth session recommends the States Parties to the Convention on the Civil Aspects of International Child Abduction to use the pattern to form which follows below by applications for the return of children wrongfully removed or retained:

Application for relinquishment

Pattern to form is not included here. Forms can be found at "The government website on International Child Abduction," www.barnebortføring.no

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