Key Benefits:
Original text
(State on 21 October 2015)
The States Parties to this Convention,
Whereas the protection of children should be strengthened in situations of an international character,
Wishing to avoid conflicts between their legal systems in matters of jurisdiction, applicable law, recognition and enforcement of measures to protect children,
Recalling the importance of international cooperation in the protection of children,
Confirming that the best interests of the child must be a primary consideration,
The need to review the Convention of 5 October 1961 concerning the competence of the authorities and the applicable law on the protection of minors 2 ,
Wishing to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child, of 20 November 1989 3 ,
Agreed to the following provisions:
The purpose of this Convention is to:
2. For the purposes of the Convention, the term "parental responsibility" includes parental authority or any other similar authority report determining the rights, powers and obligations of parents, guardians or other legal representatives to The person or property of the child.
The Convention applies to children from birth until they reach the age of 18.
Measures under s. 1 may include:
Excluded from the field of the Convention are:
(1) The authorities, both judicial and administrative, of the Contracting State of the habitual residence of the child shall be competent to take measures to protect his or her person or property.
2. Subject to s. 7, where the habitual residence of the child is changed in another Contracting State, the authorities of the State of the new habitual residence are competent.
1. For refugee children and children who, as a result of disorders prevailing in their country, are internationally displaced, the authorities of the Contracting State in whose territory these children are present as a result of their displacement The skill set out in s. 1 of the art. 5.
2. The provision of the preceding paragraph shall also apply to children whose habitual residence cannot be established.
(1) In the event of the unlawful displacement or non-return of the child, the authorities of the Contracting State in which the child had his habitual residence immediately prior to his or her displacement or non-return shall retain their competence until the time when the child is not The child has acquired a habitual residence in another State and that:
2. The displacement or non-return of the child is considered to be unlawful:
In particular, the right of custody referred to in the letter may be the result of an award of full rights, a judicial or administrative decision, or an agreement in force under the law of that State.
3. As long as the authorities mentioned in para. 1 retain their competence, the authorities of the Contracting State in which the child has been moved or detained may take only the urgent measures necessary for the protection of the person or property of the child, in accordance with art. 11.
1. As an exception, the authority of the Contracting State competent in application of s. 5 or 6, if it considers that the authority of another Contracting State would be better able to assess in a particular case the best interests of the child, may:
2. The Contracting States whose authority may be required or seized under the conditions set out in the preceding paragraph shall be:
3. The authorities concerned may exchange views.
4. The required authority or seizure under the conditions set out in par. 1 may accept jurisdiction, instead of the competent authority under s. 5 or 6, if it considers it to be the best interests of the child.
1. The authorities of the Contracting States referred to in Art. 8, para. 2, if they consider that they are best able to assess the best interests of the child in a particular case, may:
2. The authorities concerned may exchange views.
The authority responsible for the application may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if that authority has accepted the request.
1. Without prejudice to art. 5 to 9, the authorities of a Contracting State, in the exercise of their jurisdiction in respect of a request for divorce or separation of the bodies of the parents of a child habitually resident in another Contracting State, or of the annulment of their Marriage, may take, if the law of their State so permits, measures to protect the person or property of the child:
2. The jurisdiction provided for in s. 1 to take measures for the protection of the child shall cease once the decision granting or rejecting the application for divorce, separation of the body or annulment of the marriage has become final or that the procedure has been terminated for another reason.
In all cases of emergency, the authorities of each Contracting State in whose territory the child or property belongs to him are competent to take the necessary protective measures.
(2) Measures taken pursuant to the preceding paragraph in respect of a child who has his habitual residence in a Contracting State shall cease to have effect as soon as the competent authorities under Art. 5 to 10 took action required by the situation.
3. Measures taken pursuant to s. 1 in respect of a child who has his habitual residence in a non-Contracting State shall cease to have effect in each Contracting State as soon as the measures required by the situation, taken by the authorities of another State, are recognized.
1. Subject to s. 7, the authorities of a Contracting State in whose territory the child or property belongs to him are competent to take measures for the protection of the person or property of the child, having provisional character and Territorial effectiveness limited to that State, provided that such measures are not incompatible with those already taken by the competent authorities under Art. 5 to 10.
(2) Measures taken pursuant to the preceding paragraph in respect of a child who has his habitual residence in a Contracting State shall cease to have effect as soon as the competent authorities under Art. 5-10 spoke of the measures that might be required by the situation.
3. Measures taken pursuant to s. 1 in respect of a child who has his habitual residence in a non-Contracting State shall cease to have effect in the Contracting State in which they have been taken as soon as the measures required by the situation, taken by the authorities of another State, have been recognized State.
1. The authorities of a Contracting State which are competent in accordance with Art. 5 to 10 to take measures to protect the person or property of the child must refrain from ruling if, at the time of the introduction of the procedure, corresponding measures have been requested from the authorities of another Contracting State at that time Competent under s. 5 to 10 and are still under review.
2. The provision of the preceding paragraph shall not apply if the authorities before which the request for measures was initially submitted have renounced their jurisdiction.
Measures taken pursuant to s. 5 to 10 remain in force within the limits which are theirs, even where a change in the circumstances has removed the element on which the jurisdiction was based, as long as the competent authorities under the Convention have not Amended, replaced or removed.
1. In the exercise of the competence attributed to them by the provisions of the chap. II, the authorities of the Contracting States shall apply their law.
2. However, to the extent that the protection of the person or property of the child requires it, they may exceptionally apply or take into account the law of another State with which the situation has a close connection.
3. In the event of a change in the habitual residence of the child in another Contracting State, the law of that other State shall govern, from the time when the change occurred, the conditions for the application of the measures taken in the State of the former Usual residence.
(1) The granting or extinguishment of the full right of parental responsibility, without intervention by a judicial or administrative authority, shall be governed by the law of the State of the habitual residence of the child.
2. The award or termination of parental responsibility by a unilateral agreement or act, without intervention by a judicial or administrative authority, shall be governed by the law of the State of the habitual residence of the child at the time when the agreement Or the unilateral act takes effect.
3. Parental responsibility according to the law of the State of the habitual residence of the child remains after the change of that habitual residence in another State.
4. In the event of a change in the habitual residence of the child, the granting of full parental responsibility to a person who is not already vested with that responsibility shall be governed by the law of the State of the new residence Usual.
The exercise of parental responsibility is governed by the law of the State of the habitual residence of the child. In the event of a change in the child's habitual residence, it is governed by the law of the State of the new habitual residence.
Parental responsibility under s. 16 may be withdrawn or its conditions of exercise modified by measures taken pursuant to the Convention.
1. The validity of an act between a third party and another person who would have the status of legal representative according to the law of the State in which the act was passed cannot be challenged, or the liability of the third party engaged, for the sole reason that the other person No person had the status of legal representative under the Act designated by the provisions of this Chapter, unless the third party knew or ought to have known that parental responsibility was governed by that Act.
2. The preceding paragraph shall apply only in the case where the act was passed between persons present in the territory of the same State.
The provisions of this Chapter shall apply even if the law they designate is that of a non-Contracting State.
1. For the purposes of this Chapter, the term "law" refers to the law in force in a State, excluding the rules of conflict of laws.
2. However, if the applicable law under s. 16 is that of a non-Contracting State and that the rules of conflict of that State designate the law of another non-Contracting State which would apply its own law, the law of that other State shall apply. If the law of that other non-Contracting State does not recognise the applicable law, the applicable law shall be that designated by s. 16.
The application of the law designated by the provisions of this Chapter may be excluded only if that application is manifestly contrary to public policy, taking into account the best interests of the child.
(1) The measures taken by the authorities of a Contracting State shall be recognised as of right in the other Contracting States.
2. However, recognition may be refused:
Without prejudice to art. 23, para. 1, any interested person may request the competent authorities of a Contracting State to have a decision on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.
The authority of the requested State shall be bound by the findings of fact on which the authority of the State which has taken the measure has founded its jurisdiction.
(1) If the measures taken in a Contracting State and which are enforceable there include acts of enforcement in another Contracting State, they shall, in that other State, be declared enforceable or registered for the purposes of enforcement, on request of all Party concerned, in accordance with the procedure laid down by the law of that State.
(2) Each Contracting State shall apply a simple and rapid procedure to the declaration of enforceability or registration.
3. The declaration of enforceability or registration may be refused only on one of the grounds set out in Art. 23, para. 2.
Subject to what is necessary for the application of the foregoing Articles, the authority of the requested State shall not carry out any revision to the substance of the measure taken.
Measures taken in a Contracting State, which are declared enforceable or registered for enforcement in another Contracting State, shall be enforced as if they had been taken by the authorities of that other State. The implementation of the measures shall be carried out in accordance with the law of the requested State within the limits laid down therein, taking into account the best interests of the child.
1. Each Contracting State shall designate a Central Authority to fulfil its obligations under the Convention.
2. A federal state, a state in which several systems of law are in force or a state with autonomous territorial units is free to designate more than one Central Authority and to specify the territorial or personal extent of their Functions. The State which makes use of this option shall designate the Central Authority to which any communication may be sent for transmission to the competent Central Authority within that State.
1. The Central Authorities must cooperate with each other and promote cooperation between the competent authorities of their State in order to achieve the objectives of the Convention.
2. They shall, within the framework of the application of the Convention, take the appropriate measures to provide information on their legislation, as well as on the services available in their State concerning the protection of the child.
The Central Authority of a Contracting State shall take either directly or with the assistance of public authorities or other bodies, all appropriate provisions for:
At the reasoned request of the Central Authority or another competent authority of a Contracting State with which the child has a close connection, the Central Authority of the Contracting State in which the child has his habitual residence and in which he is May either directly or with the assistance of public authorities or other bodies:
1. Where the competent authority under s. 5 to 10 considers the placement of the child in a foster family or in an institution, or its legal collection by kafala or by a similar institution, and that such placement or collection will take place in another Contracting State, it shall consult with the Prior to the Central Authority or another competent authority of the latter State. It shall communicate to this effect a report on the child and the reasons for its proposal on placement or collection.
2. The decision on placement or collection may be taken in the requesting State only if the central authority or other competent authority of the requested State has approved the placement or collection, taking into account the best interests of the child.
1. Where a protective measure is envisaged, the competent authorities under the Convention may, if the situation of the child so requires, request any authority of another Contracting State which holds information relevant to the Child protection to be communicated to the child.
(2) Each Contracting State may declare that applications under subs. 1 may be sent only through its Central Authority.
1. The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of protective measures taken under the Convention, in particular to ensure The effective exercise of a right of access and the right to maintain regular direct contacts.
2. The authorities of a Contracting State in which the child does not have his habitual residence may, at the request of a parent residing in that State and wishing to obtain or maintain a right of access, collect information or evidence and Decide on the ability of the parent to exercise the right of access and the conditions under which the right of access may be exercised. The competent authority under s. 5 to 10 in order to rule on the right of access shall, before deciding, take into consideration such information, evidence or conclusions.
3. A competent authority under ss. 5 to 10 in order to rule on the right of access may suspend the proceedings until the end of the procedure laid down in par. 2, in particular when it has before it a request to amend or abolish the right of access granted by the authorities of the State of the former habitual residence.
4. This section does not preclude a competent authority under s. 5 to 10 to take provisional measures up to the end of the procedure provided for in par. 2.
In the case where the child is exposed to a serious danger, the competent authorities of the Contracting State in which protective measures of that child have been or are in the process of being taken, if they are informed of the change of residence or of the The presence of the child in another State shall notify the authorities of that State of the danger and of the measures taken or under examination.
An authority may not request or transmit information pursuant to this chapter if it is of the opinion that such a request or transmission could endanger the person or property of the child, or constitute a serious threat to the Freedom or life of a member of his or her family.
1. Without prejudice to the possibility of claiming reasonable costs corresponding to the services provided, the Central Authorities and the other public authorities of the Contracting States shall bear their costs arising from the application of the provisions In this chapter.
(2) A Contracting State may enter into agreements with one or more other Contracting States on the apportionment of costs.
Any Contracting State may enter into agreements with one or more other Contracting States with a view to promoting in their mutual relations the application of this Chapter. States which have concluded such agreements shall transmit a copy to the depositary of the Convention.
1. The authorities of the Contracting State of the habitual residence of the child or of the Contracting State in which a measure of protection has been taken may issue to the holder of the parental responsibility or to any person entrusted with the protection The person or property of the child, at his or her request, a certificate indicating the person's quality and the powers conferred on him or her.
2. The quality and powers specified in the certificate shall be maintained for established purposes, unless proven otherwise.
(3) Each Contracting State shall designate the authorities entitled to establish the certificate.
Personal data collected or transmitted in accordance with the Convention may not be used for any purpose other than those for which it was collected or transmitted.
The authorities to whom information is transmitted shall ensure confidentiality in accordance with the law of their State.
Documents transmitted or issued under the Convention shall be exempt from any legalization or similar formality.
Each Contracting State may designate the authorities to whom applications under s. 8, 9 and 33 should be sent.
1. Designations referred to in s. 29 and 44 are communicated to the Permanent Bureau of the Hague Conference on Private International Law.
2. The declaration referred to in Art. 34, para. 2, is made to the depositary of the Convention.
A Contracting State in which different systems of law or sets of rules apply in respect of the protection of the child and its property shall not be bound to apply the rules of the Convention to conflicts relating solely to those Different systems or policy sets.
In the light of a State in which two or more systems of law or sets of rules relating to matters governed by this Convention apply in different territorial units:
To identify the applicable law under chap. III, where a State comprises two or more territorial units, each of which has its own system of law or a set of rules relating to matters governed by this Convention, the following rules shall apply:
To identify the applicable law under chap. III, where a State comprises two or more systems of law or sets of rules applicable to different categories of persons for matters governed by this Convention, the following rules shall apply:
This Convention shall not affect the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction 1 , in relations between the Parties to the two Conventions. However, there is nothing to prevent the provisions of this Convention being invoked to obtain the return of a child who has been wrongfully moved or detained, or to organise the right of access.
1 RS 0.211.230.02
In the relations between the Contracting States, this Convention replaces the Convention of 5 October 1961 concerning the jurisdiction of the authorities and the applicable law on the protection of minors and the Convention to regulate the guardianship of the Minors, signed at The Hague on 12 June 1902 1 , without prejudice to the recognition of the measures taken under the Convention of 5 October 1961.
1 [RS 11 748; RO 1977 766]
(1) The Convention shall not derogate from the international instruments to which Contracting States are Parties and which contain provisions on matters dealt with in this Convention, unless a contrary statement is made by the States bound by such instruments.
2. The Convention shall not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in one of the States Parties to such agreements, provisions on Matters dealt with in this Convention.
3. Agreements to be concluded by one or more Contracting States on matters settled by this Convention shall not affect, in the reports of those States with the other Contracting States, the application of the provisions of this Convention Convention.
The preceding paragraphs also apply to uniform laws based on the existence of special links between the States concerned, in particular of a regional nature.
The Convention shall apply only to measures taken in a State after the entry into force of the Convention for that State.
2. The Convention shall apply to the recognition and enforcement of measures taken after its entry into force in the relations between the State in which the measures have been taken and the State required.
1. Any communication to the Central Authority or any other authority of a Contracting State shall be addressed in the original language and accompanied by a translation into the official language or one of the official languages of that State or, where that official language Translation into English or French is difficult to achieve.
2. However, a Contracting State may, by making the reservation provided for in Art. 60, oppose the use of either English or French.
1. A Contracting State may, in accordance with Art. 60:
2. The reserve may be restricted to certain classes of property.
The Secretary-General of the Hague Conference on Private International Law shall periodically convene a Special Commission to examine the practical functioning of the Convention.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at its Eighteenth Session.
2. It shall be ratified, accepted or approved and instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
(1) Any other State may accede to the Convention after its entry into force under Art. 61, para. 1.
2. The instrument of accession shall be deposited with the depositary.
(3) Membership shall have effect only in the relations between the acceding State and the Contracting States which have no objection to it within six months of the receipt of the notification provided for in Art. 63, let. B. Such an objection may also be raised by any State at the time of ratification, acceptance or approval of the Convention, subsequent to accession. These objections will be notified to the depositary.
1. A State which comprises two or more territorial units in which different systems of law apply to matters governed by this Convention may, at the time of signature, ratification, acceptance, Approval or accession, declare that the Convention will apply to all its territorial units or only to one or more of them, and may, at any time, amend this declaration by making a new declaration.
2. These declarations shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
3. If a State does not make a declaration under this Article, the Convention shall apply to the whole territory of that State.
(1) Any Contracting State may, at the latest at the time of ratification, acceptance, approval or accession, or at the time of a declaration made under Art. 59, make either one or both of the reserves under s. 54, para. 2, and 55. No other reserves will be permitted.
2. Any State may, at any time, withdraw a reservation which it has made. Such withdrawal shall be notified to the depositary.
The effect of the reservation shall cease on the first day of the third month of the calendar after the notification referred to in the preceding paragraph.
(1) The Convention shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval provided for in Art. 57.
2. Thereafter, the Convention shall enter into force:
1. Any State Party to the Convention may denounce the Convention by a notification in writing to the depositary. Denunciation may be limited to certain territorial units to which the Convention applies.
(2) Denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the depositary. Where a longer period for the taking of the denunciation is specified in the notification, the denunciation shall take effect upon the expiration of the period in question.
The depositary shall notify the member States of the Hague Conference on private international law, as well as those States which have acceded in accordance with the provisions of Art. 58:
In witness whereof, The undersigned, duly authorized, have signed this Convention.
Done at The Hague, on 19 October 1996, in English and in French, the two texts being equally authentic, in a single copy, which shall be deposited in the archives of the Government of the Kingdom of the Netherlands and of which a certified copy will be furnished, by the Diplomatic channel, to each member State of the Hague Conference on Private International Law at the Eighteenth Session.
(Suivent signatures)
Switzerland
Federal Office of Justice
Private International Law Unit
Bundesrain 20
CH-3003 Berne
Telephone: 0041 31 323 8864
Fax: 0041 31 322 7864
E-mail: kindesschutz@bj.admin.ch
States Parties |
Ratification Accession (A) |
Entry into force |
||
Albania * |
18 May |
2006 A |
1 Er April |
2007 |
Germany * |
September 17 |
2010 |
1 Er January |
2011 |
Armenia * |
1 Er March |
2007 A |
1 Er May |
2008 |
Australia |
29 April |
2003 |
1 Er August |
2003 |
Austria * |
22 December |
2010 |
1 Er April |
2011 |
Belgium * |
28 May |
2014 |
1 Er September |
2014 |
Bulgaria * |
8 March |
2006 A |
1 Er February |
2007 |
Cyprus * |
July 21 |
2010 |
1 Er November |
2010 |
Croatia * |
4 September |
2009 |
1 Er January |
2010 |
Denmark * A |
30 June |
2011 |
1 Er October |
2011 |
Ecuador |
5 November |
2002 A |
1 Er September |
2003 |
Spain * |
September 6 |
2010 |
1 Er January |
2011 |
Estonia * |
August 6 |
2002 A |
1 Er June |
2003 |
Finland * |
19 November |
2010 |
1 Er March |
2011 |
France * |
15 October |
2010 |
1 Er February |
2011 |
Georgia * |
1 Er April |
2014 A |
1 Er March |
2015 |
Greece * |
7 November |
2012 |
1 Er June |
2012 |
Hungary * |
13 January |
2006 |
1 Er May |
2006 |
Ireland * |
September 30 |
2010 |
1 Er January |
2011 |
Italy * |
September 30 |
2015 |
1 Er January |
2016 |
Lesotho |
18 June |
2012 A |
1 Er June |
2013 |
Latvia * |
12 December |
2002 |
1 Er April |
2003 |
Lithuania * |
29 October |
2003 A |
1 Er September |
2004 |
Luxembourg * |
August 5 |
2010 |
1 Er December |
2010 |
Malta * |
24 February |
2011 A |
1 Er January |
2012 |
Morocco |
22 August |
2002 |
1 Er December |
2002 |
Monaco |
14 May |
1997 |
1 Er January |
2002 |
Montenegro |
February 14 |
2012 A |
1 Er January |
2013 |
Netherlands * |
31 January |
2011 |
1 Er May |
2011 |
Curaçao |
31 January |
2011 |
1 Er May |
2011 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
31 January |
2011 |
1 Er May |
2011 |
Poland * |
27 July |
2010 |
1 Er November |
2010 |
Portugal * |
April 14 |
2011 |
1 Er August |
2011 |
Dominican Republic |
14 December |
2009 A |
1 Er October |
2010 |
Czech Republic * |
13 March |
2000 |
1 Er January |
2002 |
Romania * |
8 September |
2010 |
1 Er January |
2011 |
United Kingdom * |
27 July |
2012 |
1 Er November |
2012 |
Gibraltar |
27 July |
2012 |
1 Er November |
2012 |
Russia * |
August 20 |
2012 A |
1 Er June |
2013 |
Slovakia * |
21 September |
2001 |
1 Er January |
2002 |
Slovenia * |
11 October |
2004 |
1 Er February |
2005 |
Sweden * |
26 September |
2012 |
1 Er January |
2013 |
Switzerland * |
March 27 |
2009 |
1 Er July |
2009 |
Ukraine * |
3 April |
2007 A |
1 Er February |
2008 |
Uruguay |
17 November |
2009 |
1 Er March |
2010 |
|
||||
A The accession of Albania, Armenia, Ecuador, the Dominican Republic, Ukraine and Georgia is not accepted by Denmark. |
Switzerland
Reservation provided for in Art. 55 para. 1 let. B, in accordance with Art. 60:
Switzerland reserves the right not to recognise a parental responsibility or measure which would be incompatible with a measure taken by its authorities in relation to the property of a child located in its territory.
1 Art. 1 al. 1 let. A of FY 21 Dec. 2007 ( RO 2009 3077 ).
2 RS 0.211.231.01
3 RS 0.107
4 RO 2009 3104 , 2011 2965, 2014 543, 2015 4285. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).