(1) Each Contracting State shall designate a central authority to exercise the functions provided for in this Convention.

2. Federal States and States in which several systems of law are in force have the option of designating several central authorities for which they determine competence.

3. Any designation made under this Article shall be notified to the Secretary General of the Council of Europe.

The central authorities of the Contracting States shall cooperate with each other and promote cooperation between the competent authorities of their respective countries. They must act with all due diligence.

2. In order to facilitate the implementation of this Convention, the central authorities of the Contracting States shall:

A.

Ensure the transmission of requests for information from the competent authorities concerning points of law or fact relating to proceedings in progress;

B.

Communicate to each other on their request for information concerning their right to custody of children and its development;

C.

Shall keep each other informed of the difficulties that may arise in the implementation of the Convention and shall endeavour, as far as possible, to remove obstacles to its application.

(1) Any person who has obtained in a Contracting State a decision on the custody of a child and who wishes to obtain in another Contracting State the recognition or enforcement of that decision may apply, for that purpose, to The central authority of any Contracting State.

(2) The application shall be accompanied by the documents referred to in s. 13.

The central authority seized, if any other than the central authority of the requested State, shall transmit the documents to the latter by direct and without delay.

4. The central authority may refuse its intervention where it is clear that the conditions required by this Convention are not fulfilled.

The central authority shall without delay inform the applicant of the outcome of its application.

(1) The central authority of the requested State shall take or arrange to take, as soon as possible, any provisions it deems appropriate, by entering, where appropriate, its competent authorities, to:

A.

Find the place where the child is;

B.

Avoid, in particular by the necessary interim measures, that the interests of the child or the applicant are not adversely affected;

C.

Ensure the recognition or enforcement of the decision;

D.

Ensure that the child is delivered to the applicant when the decision is granted;

E.

Inform the requesting authority of the measures taken and the action taken.

(2) Where the central authority of the requested State has reason to believe that the child is in the territory of another Contracting State, it shall transmit the documents to the central authority of that State, directly and without delay.

3. With the exception of repatriation costs, each Contracting State undertakes not to require the applicant to pay any payment for any measure taken on behalf of the applicant under paragraph 1 of this Article by the central authority of that State, The costs of the trial and, where applicable, the costs involved in the participation of a lawyer.

4. If recognition or enforcement is refused and the central authority of the requested State deems it necessary to comply with the request of the applicant to bring an action to the substance of that State, that authority shall make every effort to ensure that Representation of the applicant in this procedure under conditions that are no less favourable than those enjoyed by a person who is a resident and national of that State and, for that purpose, may, in particular, refer the matter to his competent authorities.

Subject to the special arrangements between the central authorities concerned and the provisions of subs. 3 of this article:

A.

Communications addressed to the central authority of the requested State shall be in the language or in one of the official languages of that State or accompanied by a translation into that language;

B.

The central authority of the requested State must nevertheless accept communications written in English or French or accompanied by a translation into one of those languages.

2. Communications from the central authority of the requested State, including the results of investigations carried out, may be drawn up in one of the official languages of that State or in English or French.

(3) Any Contracting State may exclude the application in whole or in part of the provisions of subs. 1.b of this article. Where a Contracting State has made such reservation, any other Contracting State may also apply to that State.

Decisions concerning custody in a Contracting State shall be recognised and, where they are enforceable in the State of origin, they shall be enforced in any other Contracting State.

1. In the event of a displacement without the right, the central authority of the requested State shall immediately make the return of the child:

A.

When, at the time of the commencement of the proceedings in the State in which the decision was given or on the date of the displacement without the right, if the decision was made previously, the child and his or her parents were the only nationals of that State and the child Had his habitual residence in the territory of that State, and

B.

A central authority has been seized of the request for restitution within six months of the move without entitlement.

(2) If, in accordance with the law of the requested State, the requirements of s. 1 of this Article without the intervention of a judicial authority, none of the grounds for refusal provided for in this Convention shall apply in the judicial proceedings.

3. If an agreement approved by a competent authority has been reached between the person who has custody of the child and another person to grant the child a right of access and after the expiry of the agreed period of the child, having been taken to The foreign national, was not returned to the person who had custody of the alien, and the right of custody was reinstated in accordance with subs. 1.b and 2 of this article. The same applies in the case of a decision of the competent authority granting the same right to a person who does not have custody of the child.

1. In cases of displacement without rights other than those provided for in art. 8 and if a central authority has been seized within six months from the date of travel, recognition and enforcement may not be refused unless:

A.

If, in the case of a judgment given in the absence of the defendant or his legal representative, the document instituting the proceedings or an equivalent act has not been served or notified to the defendant regularly and in good time for the defendant to Defence; however, that absence of service or notification cannot constitute a cause for refusal of recognition or enforcement where the service or notification has not taken place because the defendant has concealed the place where he or she is Is to the person who initiated the proceeding in the State of origin;

B.

If, in the case of a judgment given in the absence of the defendant or its legal representative, the jurisdiction of the authority which made it is not founded:

(i)

On the defendant's habitual residence, or

(ii)

On the last common habitual residence of the parents of the child, provided that one of the parents still habitually resides, or

(iii)

On the child's habitual residence;

C.

If the decision is incompatible with a decision on custody which has become enforceable in the requested State before the child is moved, unless the child has had his habitual residence in the territory of the requesting State in the year Prior to travel.

2. If no central authority has been entered, the provisions of s. 1 of this Article shall also apply where recognition and enforcement are requested within six months from the non-duty travel.

3. In no case shall the decision be subject to substantive examination.

1. In cases other than those specified in s. 8 and 9, recognition and enforcement may be refused not only for the reasons provided for in s. 9, but also for one of the following reasons:

A.

If it is found that the effects of the decision are manifestly incompatible with the fundamental principles of the right governing the family and children in the requested State;

B.

If it is found that due to changes in circumstances including the passage of time but excluding the only change in residence of the child as a result of a displacement without entitlement, the effects of the original decision are clearly no longer Consistent with the interest of the child;

C.

If, at the time of the introduction of the proceeding in the State of origin:

(i)

The child had the nationality of the requested State or his habitual residence in that State when none of those connecting links existed with the State of origin;

(ii)

The child had both the nationality of the State of origin and the State required and his habitual residence in the requested State;

D.

If the decision is incompatible with a judgment given, either in the requested State or in a third State but is enforceable in the requested State, following a procedure initiated before the application for recognition or enforcement is made, And if the refusal is in the best interest of the child.

2. In the same cases, the procedure in recognition and the enforcement procedure may be suspended for one of the following reasons:

A.

If the original decision is the subject of an ordinary appeal;

B.

If a procedure concerning custody of the child, initiated before the procedure in the State of origin has been introduced, is pending in the requested State;

C.

If another decision on the custody of the child is the subject of an enforcement procedure or any other procedure relating to the recognition of that decision.

1. Decisions on the right of access and the provisions of custody decisions relating to the right of access are recognised and enforced under the same conditions as other custody decisions.

2. However, the competent authority of the requested State may lay down the arrangements for the implementation and exercise of the right of access, taking into account, inter alia, the commitments made by the parties in this regard.

3. Where the right of access has not been decided or where the recognition or enforcement of the custody decision is refused, the central authority of the requested State may refer the matter to its competent authorities to decide on the right of Visit, at the request of the person invoking this right.

Where, on the date on which the child is moved across an international boundary, there is no enforceable decision on the custody of the child in a Contracting State, the provisions of this Convention shall apply to any decision In relation to the custody of that child and declaring the unlawful movement, rendered in a Contracting State at the request of any interested person.

The application for recognition or enforcement in another Contracting State of a decision on custody shall be accompanied by:

A.

A document enabling the central authority of the State to act on behalf of the applicant or to designate another representative for that purpose;

B.

A shipment of the decision meeting the conditions necessary for its authenticity;

C.

In the case of a judgment given in the absence of the defendant or his legal representative, of any document which establishes that the document instituting the proceedings or an equivalent act has been duly served or notified to the defendant;

D.

Where appropriate, any document which establishes that, according to the law of the State of origin, the decision is enforceable;

E.

If possible, a statement indicating where the child could be located in the requested State;

F.

Proposals on how to restore custody of the child.

2. The documents referred to above shall, where appropriate, be accompanied by a translation according to the rules laid down in Art. 6.

Any Contracting State shall apply to the recognition and enforcement of a decision relating to custody a simple and expeditious procedure. To that end, it shall ensure that the application for enforcement can be made on a simple request.

1. Before deciding on the application of s. 1.b of Art. 10, the authority of the requested State:

A.

Must be aware of the child's point of view, unless there is a practical impossibility, having regard in particular to the age and ability to discernment of the child; and

B.

May request that appropriate investigations be carried out.

2. The costs of investigations carried out in a Contracting State shall be borne by the State in which they have been carried out.

3. Requests for investigations and their results may be sent to the authority concerned through the central authorities.

For the purposes of this Convention, no legalization or similar formality may be required.

1. Any Contracting State may make the reservation that, in the cases provided for in Art. 8 and 9 or one of these articles, the recognition and enforcement of custody decisions may be refused for the reasons set out in s. 10 which will be indicated on the reserve.

2. Recognition and enforcement of judgments given in a Contracting State which has made the reservation provided for in subs. 1 of this Article may be refused in any other Contracting State for one of the additional grounds indicated on that reservation.

Any Contracting State may make the reservation that it is not bound by the provisions of Art. 12. The provisions of this Convention shall not apply to decisions referred to in Art. 12 which were returned to a Contracting State which made that reservation.

This Convention does not prevent another international instrument linking the State of origin and the requested State or the non-treaty right of the requested State from being invoked for the recognition or enforcement of a decision.

(1) This Convention shall not affect the undertakings which a Contracting State may have in respect of a non-Contracting State under an international instrument dealing with matters governed by this Convention.

2. Where two or more Contracting States have established or have established uniform legislation in the field of child care or a particular system for the recognition or enforcement of decisions in this field, they shall have the To apply to each other such legislation or system in place of this Convention or any part thereof. In order to avail itself of this provision, these states will have to notify their decision to the Secretary General of the Council of Europe. Any modification or revocation of this decision must also be notified.

This Convention shall be open for signature by the member States of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention Pursuant to the provisions of s. 21.

(2) For any Member State which subsequently expresses its consent to be bound by the Convention, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of Ratification, acceptance or approval.

After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State which is not a member of the Council to accede to this Convention by a decision taken by a majority provided for in Art. 20.d of the Statute ¹ And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

2. For any State Party, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

2. Any State may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

1. A State which comprises two or more territorial units in which different systems of law apply in matters relating to custody of children and the recognition and enforcement of decisions relating to custody may, at the time of filing Its instrument of ratification, acceptance, approval or accession, declare that this Convention shall apply to all these territorial units or to one or more of them.

2. It may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territorial unit designated in the declaration. The Convention shall enter into force in respect of that territorial unit on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territorial unit designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after receipt of the notification by the Secretary General.

1. In the light of a State which, in matters of child care, has two or more systems of territorial application:

A.

The reference to the law of the habitual residence or nationality of a person shall be understood as a reference to the system of law determined by the rules in force in that State or, failing such rules, to the system with which the person Concerned has the closest links;

B.

The reference to the State of origin or the requested State must be understood, as the case may be, as a reference to the territorial unit in which the decision was given or to the territorial unit in which the recognition or enforcement of the decision or The reinstatement of custody is requested.

2. Le par. 1.a of this Article also applies Mutatis mutandis States which, in the case of child care, have two or more systems of personal application.

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare the use of one or more reservations contained in par. 3 of Art. 6, art. 17 and art. 18 of this Convention. No other reserves are permitted.

2. Any Contracting State which has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.

At the end of the third year following the date of entry into force of this Convention and, on its own initiative, at any other time after that date, the Secretary General of the Council of Europe shall invite representatives of the central authorities Designated by the Contracting States to meet in order to study and facilitate the operation of the Convention. Any member state of the Council of Europe which is not a party to the Convention may be represented by an observer. The work of each of these meetings will be the subject of a report to the Committee of Ministers of the Council of Europe.

1. Any party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention:

(a)

Any signature;

(b)

The deposit of any instrument of ratification, acceptance, approval or accession;

(c)

Any date of entry into force of this Convention in accordance with its art. 22, 23, 24 and 25;

(d)

Any other act, notification or communication relating to this Convention.

In witness whereof , the undersigned, duly authorized to that effect, have signed this Convention.

Done at Luxembourg on 20 May 1980, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe and to any State invited to accede to this Convention.

(Suivent signatures)