Period: 21 Legislative Year: 1 Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. The Convention On The Civil Aspects Of International Child Abduction

Original Language Title: Dönem : 21 Yasama Yılı : 1 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ULUSLARARASI ÇOCUK KAÇIRMANIN HUKUKÎ VEÇHELERİNE DAİR SÖZLEŞMENİN

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Law No. 4461 Date of Admission: 03/11/1999 Article 1 - Our Government signed at The Hague on behalf of 01.21.1998 "Agreement on the International Child Abduction Legal Aspects", the Article 26 of the 3rd paragraph "the Republic of Turkey, the court costs or kununî consultants and the participation of counsel costs arising assumes the costs arising due to the return of the child "has been used as approved placing a reservation. Article 2 - This Law shall enter into force on the date of publication. Article 3 - This Law shall be enforced by the Council of Ministers. INTERNATIONAL CHILD ABDUCTION the Civil Aspects to ON CONTRACT This contract signatory States, the interests of the child in matters relating to the protection believing deeply that it is of vital importance, child, in the international arena, protection from the harmful effects of a shift unlawfully and to guarantee the immediate return of the child's habitual residence State procedures to identify and Desiring to ensure the protection of the right to visit this end they agree on the conclusion of a contract and have agreed upon the following provisions: CHAPTER I - IMPLEMENTATION oF INTERESTS oF tHE CONVENTION Article 1 the purpose of this agreement: a) the party who brought the way the State to gayrikanuni or retained to ensure the children's immediate return; b) a State Party to the protection and visiting rights, effectively respected in the other States Parties to move Article 2 States Parties shall, within the limits of the country, to ensure the realization of the objectives of the Convention shall take all appropriate measures. To this end, they are obliged to apply the most expeditious procedures. Article 3 a child's relocation or back of the rotation: a) the child, after the relocation or return immediately before by State laws that habitual residence is located, to a person, institution or another institution, violation of the right individually or jointly given protection as if they occurred; and b) the rights, displacement or to return immediately used alone or jointly or actual format of these events does not occur, if it was to be used, shall be deemed contrary to the law. (A) The right to such protection is, in particular, the statutory authority, a judicial or administrative decision or arising from an agreement in force according to the law of that State. Article 4 of the Convention, shortly before the visit of protection and rights violations are applied to children with habitual residence in one of the States Parties. implementation of the Convention will end when the child turned 16. Article 5 Within the framework of this agreement: a) "Protection of Rights" contains the child's person of the right care and the right to identify particular place of residence. b) "Avg Rights" child, for a limited time, comprises the right to be transported to another place of habitual residence. CHAPTER II - CENTRAL AUTHORITIES Article 6 Each State Party to fulfill the obligations imposed contract itself shall designate a central authority officials. A federal State, a State with autonomous territorial unit, or where more than one legal system in force in the State, the determination of more than one central authority and these authorities are free to determine the width of each authority in terms of territory. State making use of this authorization, shall designate the competent central authority of the request shall be submitted to the central authority in order to ensure the succession within that State. Article 7 of the central authorities, including urgently to ensure the return of children and cooperation are required to promote cooperation between the competent authorities of the State to carry out the other purposes of the present Convention. In particular, you should directly, need the help of an intermediary; a) in contravention of Law where no one changed or retained the child; b) for the prevention of loss of or interested parties can visit the new dangers the children, or taking temporary measures to ensure aldırarak; c) to facilitate an amicable solution or voluntarily return the child; d) If the utility is seen, the exchange of information on the social situation of the child; e) States should provide general information about the rights of the implementation of the Convention; f) to return the child and, if necessary, by way of actual use of the right to visit the facility, opening judicial and administrative proceedings, or the promotion of it; g) If necessary, including the participation of a lawyer to provide legal and legal aid or facilitate it; h) In the administrative area, if necessary and appropriate, to ensure the child's return surely i) reciprocal opportunities obstacles likely to be encountered in implementation and to inform each other about the functioning of the Convention the extent of removal; They are required to take all appropriate measures. PART III - THE CHILD'S RETURN Article 8 a child protection rights violated by location modified, or detained suggesting that the person, institution or organization, the child's need for help to ensure the return of the child's habitual residence central authorities, should any other State Party central office may apply. Demand: a) the person making the request, infant and child information regarding the identity of the person who claims that he took or detained; b) Supply is possible, the child's birth; c) requesting, on which it bases its application did not want the child to return to fundamentals, d) all available information regarding the identity of the default place and people where the child is with child; It is required to contain. Application of e) an approved of the decision or agreement Quick eg f) regarding the law on the state of the subject, the central authorities or the State of habitual residence to another authority or another authorized person from the usual document or a certified declaration; g) all other documents Useful; It is reinforced with the addition of the said document or application is required. Article 9 8. referred to central authorities pursuant to Article, regardless of the opinion that no child's party in another state, demand, directly and immediately said State conveys his authority central and the requesting State of the authority of central, or if necessary, inform the applicant. Article 10 of the central authorities of the State where the child takes all measures towards the delivery of child willfully or care. Article 11 All States Parties to the judicial and administrative authorities, to ensure the child's return are soon liabilities to less acted upon, the current judicial or administrative authority in the application, does not decide within 6 weeks from the application, requesting or requested State to the central authority of the reasons for the delay on its own initiative a document may ask about. Answer, the central authority of the requested State of the revenue, the authority, the answer is, of carrying out the movement with a central authority or if necessary müraacaat of the current state demands. Article 12 A child, as stated in Article 3, unlawfully displaced or child detained and kid of the State Party in whose administrative or judicial authority applied immediately, if displacement or late in less time than a year since being detained, the current authorities in the application, the child's immediate return orders. If an application even after the expiry of the one-year period prescribed in the preceding paragraph, judicial or administrative authority, as well as the need to order the child's return, as long as, you detect that adjusting the child's new surroundings. judicial or administrative authorities of the current state of demand, the child is taken to another State he believes can take the case to suspend or reject the request for return of the child. Despite Article 13 of the above provisions, the requested State of the judicial or administrative authorities, the person who objected to return, institution or organization: a) a person who has assumed the care of the person of the child, institution or organization, relocation, or retention period to fulfill the right to protect effectively or that relocation or detentions that he had consent or later you agree or b) the child of the back subjected to physical or psychological danger leave or in any other way, if it is established that there is a serious risk way to reduce a situation can not be tolerated, you have to order the child's return it is not. Judicial or administrative authorities of the child also, if the eye of the considered opinion that and want to go back to that experience and maturity will have access to an appropriate, refusal to order the return. the assessment of the conditions in this Article, the judicial or administrative authorities, information on the child's social situation, the central authorities or take the child's habitual residence state any other competent authority of the information in the account provided by the be required. Article 14 of the current state of the judicial or administrative authorities of the requested change is a violation of law in Article 3 of the bezel in place or to set back the presence of state to return to the laws of the child's habitual residence State and recognized or unrecognized decisions, specific procedures for the recognition of the evidence of this law, or also foreign judgment It can have a direct right to be considered. Article 15 The judicial or administrative authorities of a State Party, before ordered the child's return, by the applicant or backward displacement Mani rotation Convention Article 3 which determine the illegality in the context of the child's habitual residence a decision mutants of the authorities or the production of documents, this decision or document to the extent it would be possible to provide in that State may wish. the central authorities of States Parties shall, insofar as possible to help the applicant to provide such a resolution or document. Article 16 under Article 3 of a child, subsequent to be aware that illegal substituted it or return the child taken away or detained by States Parties to the judicial or administrative authorities of the child on the back of a request pursuant to detect until or contract to meet the requirements of this contract a reasonable period of time without until late, can not decide on the basis of the right of protection. Article 17 A decision on the protection on the current state in the request granted or to be granted, the child can not justify the denial be returned under this contract, however, the requested State judicial or administrative authorities may take into account the reasons that can be entered into the field of application of the contract decision. Article 18 The provisions of this section, administrative or judicial authority does not limit the right at any time to order the child's return. Article 19 provided under the contract, a decision to return the child, does not affect the substance of the right of protection. Article 20 of the Child, in accordance with the provisions of Article 12 of the return, the protection of the State's human rights and does not permit the requested principles relating to fundamental freedoms, it can be rejected. SECTION IV - THE RIGHT TO VISIT Article 21 the right to visit the facility or a request for protection, a State Party to the central authority can be done in the same way with a request aimed at the return of the child. The central authorities are bound to use freely the right to visit and all the conditions are met and visiting rights against possible way of removing barriers to opportunities within the bounds of Article 7 Situated in cooperation obligations may be subject to the exercise of this right. The central authorities have the right to organize visits or the need for a legal process can be started directly toward the necessary tool to protect the rights and be subject to the conditions or they can promote. SECTION V - in the framework of legal and administrative proceedings referred to in Article 22 GENERAL PROVISIONS Convention, each with a name no matter what, to guarantee the payment of general expenses and court costs, and no bail shall not be required deposit. Article 23 no legalized or similar formalities are not required under the Convention. Article 24 All requests, correspondence and other documents the current state of central authority in the request sent in their original language and that, if a translation or power to make such a translation in that State's official language or languages ​​on request, French or an English translation added. However, a State Party, the reservations provided for in Article 42, arguing that their request will be sent to the central authority, both in French correspondence and other documents, it should be opposed to the use of English. Article 25 A State Party nationals and persons residing in that State and habitually, in all matters relating to the implementation of the contract to another State, as the other citizens of the State and there and they will be subject they are resident and habitually are familiar with the legal and legal aid to qualify under the same conditions. Article 26 agreement meets the central authorities when applying their own costs. the central authorities of States Parties and other public services, within the framework of the implementation of the agreement can not ask for any costs in relation to demand transpired. In particular, the applicants, if necessary, litigation costs or expenses required to participate in the trial will not ask for a lawyer. However, the child can be done or back depending on the return process may require the payment of the costs of creation. However, a State Party, noting the reservations provided for in Article 42, in the above paragraph, a lawyer, or to or litigation costs connected to expenditures participation of legal counsel, which to the extent covered by its judicial and legal system, may declare that obliged to pay. Judicial or administrative authority, the child's return to emredere or to make decisions about visitation rights under the contract, as appropriate, requesting and made on behalf of all the expenses, especially travel costs, which demands that legal representation expenses and the child's return expenses and child found for the determination of the location of all costs can install child displacing or hinder or prevent the exercise of the right of people to visit. Article 27 of the Convention if it deems necessary, or altitudes are not met demands to be taken to clearly justify whether the central authority is not obliged to accept such a request. In this case, the request or the reason for refusal if necessary, notify the central office requesting that have passed him. Article 28 The central authorities demand, claiming to act on behalf of itself or on behalf of that authority to appoint a representative authorized to act may require the addition of a written permit. Article 29 Agreement, the protection of the right or the right to visit, 3 or 21, claiming a violation according to the materials individual institutions or organizations, contract provisions, depending on with or without, does not preclude the States Parties to the freedom to apply to the judicial or administrative authorities. In accordance with Article 30 agreements with the central authority or a State Party to the judicial or administrative authorities, all the documents and information provided by them to be added or a central authority with the demands presented directly, States Parties are valid in the eyes of the courts or administrative authorities. Article 31 can be applied in different territorial units in the protection of children in terms of a state that two or several legal system: a) This refers to the State of habitual residence term is understood habitual residence in a territorial unit of that State. b) refers to the laws of the State of habitual residence of the child's habitual place of residence to the territorial units understood the law. Article 32 on the protection of children, which can be applied to various categories of two or more parties in terms of the legal system of a State which, without reference to the law of that State, to understand the legal system determined by the law of that State. Article 33 Various territorial units of a State of which have their own rules of law concerning the protection of children, the legal system is not forced to implement a unified state is not obliged to implement the agreement. Article 34 of the Convention between the two contracts to the States Parties on matters within the area of ​​application, "the powers of the authorities regarding the protection of minors and that the law will be implemented October 5, 1961 agreement" it has priority according to what. In addition, the contract was unlawfully relocated or retained children to be organized right of return or visit the State of origin and the requesting State of connecting to another international document, as well, does not prevent the assertion of any other law made by the requested State. Article 35, not only among States Parties, kidnapping occurring after the entry into force or is applied in this state to return to the states in violation of the law. 39 and has made a declaration in accordance with the Article 40, the reference to States Parties in the preceding paragraph, refers to the territorial unit or units to which performance of the contract. Article 36 of the Convention, two or more States Parties to the child, in order to avoid restrictions which may result in return, contract, such limitations are not an obstacle to agreement on the issues to be considered at no provision of substances that may be caused. SECTION VI - FINAL PROVISIONS Article 37 Convention, Hague Fourteenth Conference of International Private Law of the meeting is open for signature by the Member States. Convention shall be ratified, accepted or approved and the ratification, acceptance or tasvik documents to be deposited with the Ministry of Foreign Affairs Kingdom of the Netherlands. Article 38 may participate in any other State contract. The instrument of accession shall be deposited with the Ministry of Foreign Affairs Kingdom of the Netherlands. Convention for acceding States, the first day of the third month following the deposit of the document comes into force participation. Participation only participating States, who declared in relations between States Parties that have accepted this participation will apply. Such a declaration, subsequent join, ratify, accept or approve must be made by that member States. These statements are deposited with the Kingdom of the Netherlands Ministry of Foreign Affairs. Kingdom of the Netherlands Ministry of Foreign Affairs, certified copy of each of the States Parties, sends diplomatic channels. Agreement between the Government agreed to participate in this by stating that acceding States, accepted the deposit of the declaration of the first day of the third month following the entry into force. Article 39 States signature, ratification, acceptance, approval or accession instant, all the territories it represents internationally in the contract or declare that they include one or more of them. Such statements, for the State, when it enters into force, become effective. These statements and meteakip extended to be communicated to the Kingdom of the Netherlands Ministry of Foreign Affairs. Article 40 of this Convention, organized by subject applied two or a State Party has more territorial units, signature, ratification, acceptance, approval or accession moment, we can declare that it will apply to all territorial units of this agreement or only to one or more, and each time, making a new declaration the statement by the Council may amend this. These statements shall be communicated to the Kingdom of the Netherlands Ministry of Foreign Affairs and indicated that explicit ground units to implement the agreement. Article 41 a State Party to the executive, judicial and legislative systems, this state if it has a system of government is shared between central and other authorities, the signature of the contract, approval, acceptance or approval to join or contract or 40 declaration made under article that State internal authority does not bring any results in terms of sharing. Article 42 States Parties shall, no later than, ratification, acceptance, approval or accession instantly, or 39 and a declaration made in accordance with Article 40 immediately can put one or both of the reservations provided for in Article 26, paragraph 3 of Article 24. No other reservations are not accepted. States Parties can withdraw the reservations they put every moment. The withdrawal can be notified to the Kingdom of the Netherlands Ministry of Foreign Affairs. Disclaimer loses its validity after the first day of the third month of the notification referred to in the preceding paragraph. Article 43 Agreement, provided for in articles 37 and 38, third ratification, acceptance, approval or accession on the first day of the third month following the deposit of the document comes into force. Subsequently, conventions, ratified 1. Then, accept, or for approval by the participating States, ratification, acceptance, approval or accession document from the deposit of the first day of the third month following; 2 of the Convention, in accordance with Article 40 to 39 and the lands that were extended or ground units, the first day of the third month after the notification provided for in the said Article; It enters into force. Article 44 Convention, article 43, from the date of entry into force in accordance with paragraph 1, then ratified, accepted or approved by or five years to include participating States. Contract, except for termination, implicitly renewed for five years five years. Termination at least six months before the expiry of the five-year period shall be communicated to the Kingdom of the Netherlands Ministry of Foreign Affairs. Denunciation may be limited to some of the territory or territorial unit to which performance of the contract. Termination is only valid for communicating the state. Agreement shall remain in force for the other States Parties. Article 45 The Kingdom of the Netherlands Ministry of Foreign Affairs, Conference Member States and participating states in accordance with the provisions of Article 38: 1. stipulated in Article 37 of signature, ratification, acceptance or approval of; 2. participate stipulated in Article 38; 3. The date of entry into force in accordance with the provisions of Article 43 of the Convention; 4. extend stipulated in Article 39; 5. 38 and the statements contained in Article 40; 6. Article 24 and Article 26 of the reservations provided for in paragraph 3 and pull provided for in Article 42 of the withdrawal; 7. termination stipulated in Article 44; It notification. This contract, the undersigned, duly authorized, have signed those appropriately. In the October 25, 1980 The Hague, both texts the same way, to be effective, in French and English, will be handed over to the Dutch government archives and approved an example, diplomatic Hague International Private Law Conference of the Fourteenth Meeting of the Member States to a single copy to be deposited I have been issued.