Rs 0.211.230.01 European Convention Of 20 May 1980 On Recognition And Enforcement Of Decisions On Custody Of Children And Restoration Of Custody Of Children

Original Language Title: RS 0.211.230.01 Convention européenne du 20 mai 1980 sur la reconnaissance et l’exécution des décisions en matière de garde des enfants et le rétablissement de la garde des enfants

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0.211.230.01 text original Convention European on the recognition and enforcement of decisions on custody of children and restoration of custody of children concluded in Luxembourg on 20 May 1980 approved by the Federal Assembly on 21 June 1983, Instrument of ratification deposited by the Switzerland on 27 September 1983 entry into force for the Switzerland on 1 January 1984 (report January 31, 2013) the Member States of the Council of Europe signatories of the Convention, recognizing that in the Member States of the Council of Europe taking into account the interests of the child is of decisive importance in making decisions concerning custody;
Whereas the adoption of measures intended to facilitate the recognition and enforcement of decisions concerning the custody of a child will result in better protection of the interests of the children;
Felt desirable, for this purpose, stressed that the right to visit parents is the normal corollary of custody;
Noting the increasing number of cases where children have been displaced without right across an international border and difficulties in adequately the issues raised by these cases;
Eager to introduce appropriate provisions allowing for the restoration of custody of children when this guard has been arbitrarily interrupted;
Convinced of the opportunity to take, for this purpose, measures adapted to the different needs and different circumstances;
Eager to establish relations of judicial cooperation between their authorities, have agreed to the following: art. 1 for the purposes of this Convention, means: a. child: a person, whatever his nationality, as long as it has not yet reached the age of 16 years and she doesn't have the right to establish his residence itself according to the law of his habitual residence or of nationality or the law internal of the requested State; b. authority : any judicial or administrative authority; c. the custody decision: any decision of the authority insofar as it takes on the care of the person of the child, including the right to establish his residence, as well as the right to visit; d. travel without law: the displacement of a child across an international frontier in breach of a decision relating to custody rendered in a State Contracting and enforceable in such a State; is also considered to be moving without the right: i) the failure to return a child across an international frontier, at the end of the period of exercise of a right of access to this child or the outcome of any other temporary stay in one territory other than that in which is exercised custody; ii) moving later declared unlawful within the meaning of art. 12. Title I authorities plants art. 2-1. Each Contracting State shall designate a central authority which will exercise the functions provided for in this agreement.
2. Federal States and States in which several legal systems are in force have the ability to designate several central authorities which they determine skills.
3. any designation made pursuant to this section must be notified to the Secretary General of the Council of Europe.

Art. 3-1. The central authorities of the Contracting States must cooperate with each other and promote co-operation between the competent authorities of their respective countries. They must act with necessary diligence.
2. in order to facilitate the implementation of this Convention, the central authorities of the Contracting States: a. ensure the transmission of requests for information from the competent authorities and which concern points of law or of fact relating to ongoing proceedings; (b) shall communicate to each other on request with information about their rights to custody of the children and his evolution; c. stand each other informed of the difficulties likely to rise during the application of the Convention and are, to the extent possible, to remove the obstacles to its application.

Art. 4-1. Anyone who has got in a State Contracting a decision relating to custody of a child and who wishes to get in another State contracting the recognition or enforcement of that decision may apply, for that purpose, by request to the central authority of a Contracting State.
2. the application must be accompanied by the documents referred to in art. 13 3. The central authority before it, if it is other than the central authority of the requested State, shall send the documents directly and without delay.
4. the seized central authority may refuse his intervention when it is clear that the requirements of this agreement are not met.
5. the seized central authority shall immediately inform the applicant of the result of its application.

Art. 5-1. The central authority of the requested State or have in the shortest delays all provisions it considers appropriate, by entering, as appropriate, its competent authorities, for: a. find the place where the child; b. avoid, especially by the necessary interim measures, that the interests of the child or the applicant are harmed; c. ensure the recognition or enforcement of the decision; d. ensure the delivery of the child to the applicant when the enforcement of the decision is granted; e. inform the requesting authority of the measures taken and of the follow-up.

2. when the central authority in the requested State has reason to believe that the child is in the territory of another Contracting State, it shall send the documents to the central authority of that State, directly and without delay.
3. with the exception of the costs of repatriation, each Contracting State undertakes to require of the applicant any payment for any measure by the central authority of that State, including the costs and expenses of the trial and, when this is the case, the expenses incurred by the participation of a lawyer to the Committee under paragraph 1 of this article.
4 If the recognition or enforcement is refused and the central authority in the requested State should grant the request of the applicant to bring an action at the bottom in this State, this authority makes every effort to ensure the representation of the applicant in this procedure under conditions no less favourable than those available to a person who is a resident and a national of that State and , for this purpose, may enter its competent authorities.

Art. 6-1. Subject to special arrangements between the central authorities concerned and the provisions of the by. 3 of this article: a. communications to the central authority in the requested State are written in the language or one of the languages official State or accompanied by a translation into that language; b. the central authority in the State addressed shall nevertheless accept communications written in English or French language or accompanied by a translation into one of these languages.

2. communications from the central authority of the requested State, including the results of the investigations carried out, can be written in the language or one of the official languages of that State or in french or in English.
3. any Contracting State may exclude the application in whole or in part from the provisions of the by. 1.b of this article. When a Contracting State has made this reservation, any other Contracting State may also apply for that State.

Title II recognition and enforcement of decisions and restoration of custody of children art. 7. the custody decisions given in a Contracting State are recognized, and when they are enforceable in the State of origin, they are implemented in any other Contracting State.

Art. 8-1. If you move without law, the central authority of the requested State will be proceed immediately with the return of the child: a. when at the time of the institution of the proceedings in the State where the decision was rendered or the date of the trip without the right, if this took place previously, the child and his parents had the nationality of that State and that the child had his habitual residence in the territory of that State etb. that a central authority was seized of the request for return within a period of six months from moving without the right.

2. If, in accordance with the law of the State requested, may not be complying with the requirements of the by. 1 of this section without the intervention of a judicial authority, none of the grounds for refusal provided for in this Convention apply in court proceedings.
3. If approved by a competent authority agreement is reached between the person who has custody of the child and another person to grant visitation rights to it and that, at the expiry of the agreed period the child, having been taken abroad, has not been returned to the person who had custody, was taken to the restoration of the right of custody according to the by. 1.b and 2 of this article. It is the same in case of decision of the competent authority granting the same right to a person who does not have custody of the child.

Art. 9


1. in cases of displacement without rights other than those provided for in art. 8 and if a central authority has been entered within a period of six months from the movement, recognition and enforcement may be refused only: a. If, when it comes to a decision rendered in the absence of the defendant or his legal representative, the originating process or an equivalent Act was not served on the defendant regularly and in good time so that he can defend himself. However, this lack of notification does not constitute a cause for refusal of recognition or enforcement when the service had no place because the defendant concealed the place where the person who initiated the proceeding in the State of origin; (b) If, when it comes to a decision rendered in the absence of the defendant or his legal representative (((, the competence of the authority that made unfounded: i) on the habitual residence of the defendant, ouii) on the last habitual residence in the common of the parents of the child insofar as one of them resides there still usually, or III) on the habitual residence of the child;

c. If the decision is incompatible with a decision relating to custody has become enforceable in the requested State before the removal of the child, unless the child had his habitual residence in the territory of the requesting State in the year prior to his move.

2. If no central authority has been entered, the provisions of the by. 1 of this article shall also apply when the recognition and enforcement are requested within a period of six months from moving without the right.
3. in any case, the decision may subject to a review inside.

Art. 10-1. In cases other than those referred to in art. 8 and 9, recognition and enforcement may be refused not only for the reasons provided in art. 9, but in addition to one of the following reasons: a. If it is found that the effects of the decision are manifestly incompatible with the fundamental principles of law governing the family and children in the State required; (b) if it is found that due to changes in circumstances including the passage of time but excluding the only change of residence of the child as a result of a trip without the right ((, the effects of the original decision are clearly more in line with the interests of the child; c. If, at the time of the proceedings in the State of origin: i) the child had the nationality of the requested State or his habitual residence in that State while none of these connecting links existed with the original state; ii) the child had both the nationality of the State of origin and the State addressed and his residence in the requested State;

d. If the decision is incompatible with a decision rendered, either in the requested State or in a third State while being enforceable in the requested State, as a result of a proceeding instituted before the introduction of the request for recognition or enforcement, and if the refusal is in line with the interests of the child.

2. in the same case, the procedure in recognition and enforcement procedure may be suspended for one of the following reasons: a. If the original decision is being appealed ordinary; b. If a procedure regarding the custody of the child, committed until the proceedings in the State of origin had been introduced, is pending in the requested State; c. If another decision on the custody of the child is subject to a procedure of execution or any other procedure the recognition of this decision.

Art. 11-1. Decisions on the right of visit and the provisions of decisions relating to custody which deal with the right of visit are recognized and enforced under the same conditions as other decisions relating to custody.
2. However, the competent authority of the requested State may determine the terms of implementation and the exercise of the right of visit especially considering the commitments made by the parties on this matter.
3 when there has been no ruling on the right of access or the recognition or enforcement of the decision on custody is refused, the central authority of the requested State may take its competent authorities to decide on the right of visit, at the request of the person invoking this right.

Art. 12. when at the date on which the child is moved across an international border there is no binding decision on custody given in a Contracting State, the provisions of this agreement apply to any subsequent decision on the custody of the child and declaring the illicit transfer, rendered in a Contracting State at the request of any interested person.

Title III Procedure art. 13-1. The application for recognition or enforcement in another State of any decision to keep must be accompanied by: a. a document enabling the central authority of the requested State to act on behalf of the applicant or to designate to this end another representative; b. an expedition of the decision meets the conditions to its authenticity; c. when it comes to a decision rendered in the absence of the defendant or his legal representative , of any document capable of establishing the originating process or an equivalent Act has been regularly served or notified to the defendant; d. where appropriate, documents which establish that, according to the law of the State of origin, the decision is enforceable; e. If possible, a statement indicating the place where might be the child in the requested State; (f) proposals on the modalities for the restoration of the custody of the child.

2. the above documents must, as appropriate, be accompanied by a translation according to the rules laid down in art. 6 art. 14 any Contracting State applies to the recognition and enforcement of a custody decision a simple and fast procedure. To this end, it ensures that the application of exequatur to be made on request.

Art. 15-1. Before ruling on the application of the per. 1.b of the art. 10, the authority in the requested State: a. must take knowledge from the point of view of the child, unless there is a practical impossibility, having regard particularly to the age and capacity of discernment; ETB. may request that appropriate investigations are carried out.

2. the costs of investigations conducted in a Contracting State are the responsibility of the State in which they are carried out.
3. the requests for investigations and their results can be sent to the authority concerned through the central authorities.

Art. 16 for the purposes of this Convention, no legalisation or similar formality may be required.

Title IV reserves art. 17-1. Any Contracting State may make the reservation that, in the cases provided for in art. 8 and 9, or to one of these articles, the recognition and enforcement of decisions relating to custody may be refused for the reasons set out in art. 10 which will be indicated in the reservation.
2. the recognition and enforcement of decisions rendered in a Contracting State having made the scheduled reservation to the by. 1 of this article may be refused in any other State for any additional reasons indicated in this reserve.

Art. 18. 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 the decisions referred to in art. 12 who were rendered in a Contracting State which has made this reservation.

Title V other instruments art. 19. the present Convention does not prevent that another international instrument linking the State of origin and the requested State or the law of the requested State are invoked for the recognition or enforcement of a decision.

Art. 20-1. This Convention does not affect the commitments that a Contracting State may have in respect of a non Contracting State under an international instrument bearing on matters governed by this Convention.
2. when two or more Contracting States have established, or come to establish uniform legislation in the area of custody of the children or a particular system of recognition or enforcement of decisions in this area, they will have the ability to apply between them this legislation or this system instead of this agreement or any part thereof. Avail himself 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 that decision must also be notified.

Title VI provisions final art. 21. the present Convention is open for signature by the Member States of the Council of Europe. It will be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art. 22 1. This Convention will enter into force 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 in accordance with the provisions of art. 21.

2. for any Member State which subsequently expresses its consent to be bound by the Convention, it will be effective 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.

Art. 23 1. After the entry into force of the Convention, the Committee of Ministers of the Council of Europe may invite any non-Member State of the Council to accede to this Convention by a decision taken at the expected majority in art. 20.d of the Statute, and by unanimity of the representatives of the Contracting States entitled to sit on the Committee.
2. for any State support, the Convention will enter into force 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 accession about the Secretary General of the Council of Europe.

SR 0.192.030 art. 24 1. Any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, designate any territories to which apply this Convention.
2 any State may, at any 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 statement. The Convention will enter into force with respect to 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, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect 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.

Art. 25 1. A State which comprises two or more territorial units in which different legal systems apply for custody of the children, and recognition and enforcement of decisions relating to custody may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, declare that the present Convention apply to all these territorial units or in one or more of them.
2. it may, at any 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 named in the declaration. The Convention will enter into force in respect of this territorial unit 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, with respect to any territorial unit designated in this declaration by notification to the Secretary General. The withdrawal will take effect the first day of the month following the expiration of a period of six months after the receipt of the notification by the Secretary General.

Art. 26-1. Relation to a State which, custody of children has two or more systems of law of territorial application: a. the reference to the law of the habitual residence or the nationality of a person must be understood as referring to the legal system determined by the rules in force in that State, or, failing such rules, to the system with which the person concerned has the closest connection; (b) the reference to the State of origin or the requested State shall be heard, depending on the case, as a reference to the territorial unit in which the decision was made or in the territorial unit in which recognition or enforcement of the decision or the restoration of custody is requested.

2. the by. 1.a of this article also applies mutatis mutandis to States that custody of children has two or more systems of law of personal application.

Art. 27 1. Any State may, time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, declare make use of one or more reserves contained in the by. 3 of art. 6, art. 17 and art. 18 of this agreement. No other reservation may be made.
2. any Contracting State which has made a reservation under the preceding paragraph may withdraw it in whole or partly by notice to the Secretary General of the Council of Europe. The withdrawal is to take effect on the date of receipt of the notification by the Secretary General.

Art. 28 the end of the third year following the date of entry into force of this Convention, and, on its own initiative, at any time after this date, the Secretary General of the Council of Europe will invite representatives of the central authorities designated by the Contracting States to come together to study and facilitate the functioning of the Convention. Any member 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 a report that will be sent for information to the Committee of Ministers of the Council of Europe.

Art. 29 1. Any party may, at any time, denounce this agreement by notice to the Secretary General of the Council of Europe.
2. the 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.

Art. 30 scope on January 31, 2013 Reserves and statements the Secretary General of the Council of Europe shall notify to 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 faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Luxembourg on 20 May 1980, in french and English, 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 will be communicated certified copy to each of the Member States of the Council of Europe and to any State invited to accede to this Convention.
(Follow signatures)

Scope January 31, 2013 States parties Ratification, accession (A) Declaration of estate (S) entry into force Germany * October 5, 1990 February 1, 1991 Andorra * March 23, 2011 1 July 2011 Austria * April 12, 1985 1 August 1985 Belgium * October 1, 1985 1 February 1986 Bulgaria * June 5, 2003 1 October 2003 Cyprus * 13 June 1986 1 October 1986 Denmark * 11 April 1991 1 August 1991 Spain * may 30, 1984 1 September 1984 Estonia * may 17, 2001 1 September

2001 Finland * 28 April 1994 1 August 1994 France * August 4, 1982 September 1, 1983 Greece * 8 March 1993 1 July 1993 Hungary * February 4, 2004 1 June 2004 Ireland * June 28, 1991 1 October 1991 Iceland * July 22, 1996 1 November 1996 Italy February 27, 1995 1 June 1995 Latvia * 15 April 2002 1 August 2002 Liechtenstein * April 17, 1997 August 1, 1997 Lithuania * January 24, 2003 may 1 2003 Luxembourg * 25 May 1983 1 September 1983 Macedonia * 29 November 2002 1 March 2003 Malta * October 18, 1999 February 1, 2000 Moldova January 14, 2004 1 May 2004 Montenegro June 6, 2006 S June 6, 2006 Norway * January 17, 1989 1 May 1989 Netherlands * may 23, 1990 September 1, 1990 Poland * November 13, 1995 March 1, 1996 Portugal March 18, 1983 1 September 1983 Czech Republic * March 22, 2000 1 July 2000 Romania * may 12, 2004 September 1, 2004 United Kingdom * 21 April 1986 1 August 1986 Anguilla 15 June

2007 October 1, 2007 Isle of Man 1 July 1991 1 November 1991 Cayman Islands may 6, 1998 September 1, 1998 Falkland Islands 18 November 1996 1 March 1997 Jersey December 16, 2005 April 1, 2006 Montserrat October 15, 1998 February 1, 1999 Serbia 18 January 2002 has may 1 2002 Slovakia * may 7, 2001 1 September 2001 Sweden * March 28, 1989 1 July 1989 Switzerland * September 27, 1983 January 1, 1984 Turkey February 8, 2000 June 1, 2000 Ukraine *.

July 30, 2008 November 1, 2008 reservations and declarations (the * the scope above do not include the statements of States parties regarding the central authorities, according to art. 2). Reservations, declarations and central authorities, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

The conv. applies to the Faroe Islands or to Greenland.

The conv. applies to the Kingdom in Europe.

Reservations and declarations Switzerland

In accordance with art. 27, the Switzerland made use of the reserve referred to in art. 17 According to which, in the cases provided for in art. 8 and 9, the recognition and enforcement of decisions relating to custody may be refused on the grounds provided for in art. 10, al. 1, let. d, of the convention.
In application of art. 2 of the convention, the Switzerland designates as central authority the federal Office of justice.

1983 1681 RO; BBL 1983 I 101 art. let 1. has FY June 21, 1983 (RO 1983 1680) RO 1983 1681, 1985 501, 1986-178, 1987-492, 1988 2020, 1990 685, 1991 904, 1994 1793, 2004 3659, 2007 1177 and 2013 699. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 1 and 2 of the Federal Decree of 21 June 1983 (RO 1983 1680) State on January 31, 2013

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