Introductory provisions



Article 1 the provisions of 2-10, 13-21 and 23 §§ apply in

relation to States which are party to it in Luxembourg on

20 May 1980 dagtecknade Convention on the recognition and

enforcement of decisions concerning custody of children and on

restoration of custody of children (Council of Europe Convention).

However, the provisions do not apply in relation to Denmark,

Finland, Iceland or Norway to the extent that specific provisions

apply.



The provisions of 2-4 and 11-23 section shall apply in relation to

States that have acceded to it in the Hague on 25 October 1980

dagtecknade Convention on the civil aspects of

international child abduction (the Hague Convention).



The Government may, on condition of reciprocity, may provide

the Act's provisions on the recognition and enforcement of

custody rulings, etc. or provisions of

transfer of children shall apply also in relation to a

State not a party to the Council of Europe Convention or

The Hague Convention.



Specific provisions are contained in Council Regulation (EC) no

2201/2003 of 27 november 2003 concerning jurisdiction and the

recognition and enforcement of judgments in matrimonial matters and in matters

of parental responsibility, repealing Regulation (EC) no

1347/2000. Law (2008:445).



section 2 of the Act does not apply in the case of children who have reached the age of 16.



section 3 With a crucial, of course, of this law, a judgment or a decision

has been issued by a court or other authority.



With a crucial assimilated to a contract concluded by the court proceedings

or who have been approved by the administrative authority.



section 4 of the Government to appoint a central authority to this country



1. receive and convey the petitions in accordance with the conventions,



2. cooperate with the central authorities of the other States which have acceded to

any of the conventions, as well as



3. perform the duties as the Government determines.



/r3/recognition and enforcement of custody decisions, etc. According to the

Council of Europe Convention



5 § has a decision on custody of the children, about socializing with kids or if

the right to take care of a child given in a State party to the Council of Europe-

the Convention, the decision in this country. Such a ruling may also be

on the application of this decision can be implemented, constitute a basis for enforcement

in the State in which it has been issued (State of origin).



If, when a child is abducted across the State line, there was no

ruling in accordance with the first paragraph that can serve as a basis for enforcement,

each subsequent judgment given in a Contracting State

and that includes the statement that the abduction was illegal, shall have the same effect

as a decision pursuant to the first subparagraph.



section 6 a ruling as referred to in section 5 shall not be recognised or enforced

in this country, if



1. This would be manifestly incompatible with public policy

here in terms of family and children,



2. the decision on the basis of changed circumstances is obviously no longer

is consistent with the best interests of the child;



3. the child at the time of the procedure to obtain such

ruling referred to in paragraph 5 was launched was a national or domiciled here without

that have no corresponding connection to the country of origin or citizenship

both in the State of origin and in the country as well as resident here, or



4. the child under the law of the State in which it is a national or resident has

the right to decide where it should stay.



section 7 a ruling as referred to in paragraph 5 may not be recognised or enforced

in this country, if the judgment is irreconcilable with a judgment given

here in a legal proceeding that has been commenced before recognition or

enforcement was requested and it is in accordance with the best interests of the child to

recognition or enforcement may be refused.



With a judgment given in this country assimilates a ruling

a court in a third State and who can serve as a basis for enforcement here.



section 8 has a decision referred to in paragraph 5 of the judgment given in the defendant's absence, the

be recognised and enforced in this country only if



1. the defendant has been served writ of summons or an equivalent document in sufficient

time to make an appearance or has not been served such an action therefore

that the defendant conceals for the novice he was staying, and



2. the authority which granted the decision based its jurisdiction on the

defendant, on the parents ' last common habitual residence in cases where

some of them still had their habitual residence there or on the child's habitual residence.



§ 9 a case for recognition or enforcement of a

ruling referred to in paragraph 5 may be declared dormant, if



1. the decision has been appealed by an ordinary remedies,



2. the question of custody, visitation or the right to take care of

the child is tested here in the country in a legal procedure that has

commenced before the corresponding procedure in

the Member State of origin, or



3. the question of the recognition or enforcement of any other

decision on custody, visitation or the right to take care of

the child at the same time be tried in another case. Law (2006:462).



section 10 in connection with a writ of execution of a decision on

rights of access referred to in paragraph 5 may provide for conditions or

time of visitation.



Transfer of the child under the Hague Convention



section 11 of the children who have been illegally hit to the country or illegally

held this shall on application be transferred to the person from whom the child

withheld if the child immediately before the removal or retention

was habitually resident in a State that has acceded to the Hague Convention.



A removal or retention is wrongful if the removal or

the detention is contrary to the right to take care of the child as its

guardian or someone else in the State where the child was

resident immediately before the removal or retention and this right

also was exercised at the time when the child was abducted or detained

or would have been exercised by this time unless the removal or

the detention had taken place.



12 of the transfer of the child pursuant to section 11 of may, however, be refused if



1. when the application for transfer was for at least one year has elapsed

from the wrongful removal or retention and the child is found

their feet in their new environment,



2. There is a serious risk that the transfer harms the child's

physical or mental health or otherwise put the child in a

situation that is not acceptable,



3. the child himself is opposed to the transfer, and the child has reached a

such age and maturity that its will be taken into account, or



4. it is not consistent with the fundamental principles in this country if

the protection of human rights to decide on the transfer.



Procedure



paragraph 13 of the application for enforcement of a decision referred to in paragraph 5 of the

is made to the District Court for the place where the child is resident. If

another district court dealing with a dispute between the same parties on

custody, visitation, property or get enforcement also

be sought in the District Court. If there is no other

the competent court, the question of enforcement by the Stockholm

District Court. Application for transfer of children under section 11 is made

at the Stockholm District Court. Law (2006:462).



section 14 of The application for enforcement of a decision as referred to

section 5 shall be accompanied by a certified copy of the decision and, if it

It appears that the decision given in the absence of the defendant, a

document showing whether or not he/she has been served summons or

the corresponding action. The applicant shall also submit a document

showing that it can form the basis for enforcement in

the Member State of origin as well as provide information about where the child can be adopted

be here in the country and proposals to the care of the child

shall be restored.



In the case of transfer of the child under section 11 shall

the applicant, if the Court so requests, show a determination of

any government agency in the State where the child was habitually resident

immediately before the removal or retention of

to the removal or retention was wrongful. This applies to

but only if such a ruling can be obtained in the State.

Law (2006:462).



section 15 a case of enforcement of a decision referred to in

§ 5 shall be dealt with promptly.



Also a case of transfer of the child under section 11 shall

be dealt with promptly. Has such a case pending in the

six weeks from the time the application was made about the transfer, is

right at the applicant's request be obliged to account for the cause

for the delay. Law (2006:462).



section 16 Before the Court decides on the execution or

the transfer, it may instruct a member or alternate member of the

the social welfare committee or an officer in social services that promote

to those who have care of the child voluntarily shall carry out

What is incumbent upon him or her. Such missions may also

left for another suitable person. Assignments may only be made

If it can be assumed that this will lead to the child

be forwarded without undue delay in the hearing.



Anyone who has received a mission as referred to in the first subparagraph shall, within

the time that the law determines, submit a statement of the

measures that have been taken and what has come

forward. Time shall not be longer than two weeks. If there is

However, in exceptional circumstances, the law set a longer or

extend an already determined time. Law (2006:462).



section 17 Prior law determines a case concerning enforcement of a


ruling referred to in paragraph 5, or if transfer of the children according to

section 11 the Court shall seek the child's opinion, if it is not

impossible having regard in particular to the child's age and maturity.

Law (2006:462).



18 § Decides right on the execution or transfer,

It may also impose penalty payments without claim, if this can be adopted

lead to the child, shall be forwarded without undue

delay, or decide that the child should be downloaded by

Police. Law, in connection with the decision

leave the Mission in accordance with section 16.



Does the case concern a judgement or a decision about visitation, may, however,

the right to decide on the retrieval of the child only if there are

specific reasons to presume that enforcement cannot otherwise

take place.



Questions about imposing a penalty on the set before review by the

application by the party who requested the execution or

the migration process. Law (2014:611).



19 § if in a case under this law, there is a risk that the

the child is brought out of the country or to the execution or

transfer in another manner, the Court may

immediately decide that the child should be taken care of

the social welfare committee or other appropriate means. The Court may then

decide on the terms or timing of access to the child.



In order to facilitate the transfer of the child, the right of

connection with a judgment or order for enforcement or

transfer to decide that the child temporarily taken care of

of the social welfare committee or other appropriate means.



The Court may decide that the disposal is to be effected by

Police. Law (2014:611).



section 20 Has an action under this Act may not be brought or a

decision pursuant to section 19 of the first subparagraph is not pending, the

Police immediately take possession of the child or take other

immediate actions that can be done without injury to the child.

Action shall immediately be notified to the law without delay,

considers whether it should be continued. Law (2014:611).



section 21 as regards the procedure in case of

enforcement of a decision referred to in paragraph 5, or if

transfer of the child under section 11 shall apply chapter 21. 9 and 11-16 § § parental code. What is provided in chapter 21. section 13

the parental costs related to the execution of the mandate

apply in respect of duties under section 16, first subparagraph, second

the sentence. Law (2006:462).



Other provisions



section 22 if, in a case concerning custody of children, or in a case concerning the care of

children under the Act (1990:52), with specific provisions for the care of young

It appears that the application has been made for the transfer of the child under

section 11, first paragraph, the Court may not decide on the issue of custody or

care until this application has been examined.



Get the right in a case referred to in the first paragraph, notification of the central-

authority that a child, as stated in section 11, second paragraph, unlawfully

have been brought here to the country or illegally held here without the application has

made about the transfer of the child pursuant to section 11 of the first subparagraph, the law does not

decide on the issue of custody or care until it has passed a reasonable

time to make such an application. Law (1993:212).



section 23 If any arbitrary has brought a child who is a resident here in

the country, abroad or arbitrary are left in another country,

can the District Court on an action by the child's parent/guardian explaining that there

high-handed behaviour is illegal.



Have parents, adoptive parents or specially ordered

Guardian joint custody of the child and have one of them without

noteworthy reasons being arbitrarily brought the child abroad or hold a

of them without noteworthy reasons its left child of another

country, the District Court on the action of the other declare that it

high-handed behaviour is illegal.



Targets under this paragraph will be taken up by the Stockholm District Court, if the

There is no other court of competent jurisdiction.



If the action is brought against staying at an unknown location or otherwise unable to

reached by the service, the objectives under this section be decided even if he

or she has been served summons or other documents in the case.



The District Court's ruling may be appealed to the Court of appeal. Court of law

ruling may not be appealed. Act (1994:1447).



Transitional provisions



1989:14



This law shall enter into force on the day the Government determines. The provisions on

recognition and enforcement of custody decisions, etc. and the provisions

If the transfer of the child must be put into effect at different times.



The provisions of section 11 apply only in the case of such wrongful abduction

or detentions that have taken place after the Act was implemented in

relation to the State where the child was habitually resident immediately before the

removal or retention.



1989:172



The Government states that the Act (1989:14) on the recognition and enforcement

of foreign custody decisions, etc. and if transfer of children shall take

in force



1. on 1 June 1989 in the parts that are to be applied in relation to States

as a party to the Hague Convention of 25 October 1980 on the dagtecknade

the civil aspects of international child abduction as well as



2. on July 1, 1989 in other parts.



1990:60



This law shall enter into force on 1 July 1990. Older regulations apply

still, in the case of proceedings relating to care of the child under the Act (1980:621)

specific provisions for the care of the young.



1994:1447



1. this law shall enter into force on 1 July 1995.



2. before the entry into force has been appointed as the legal guardian of a

minor shall, if custody is included in the mission, particularly

the court-appointed guardian for the purpose of the provision in its new

version.



2006:462



1. this law shall enter into force on 1 July 2006.



2. Older provisions apply in respect of proceedings relating to

enforcement or transfer that upon entry into force is

pending before the Court. Paying applicable 21. parental code

the chapter had at the end of June 2006.