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. Recognition Of Decisions Regarding The Custody Of Children And Execution Iu

Original Language Title: Dönem : 21 Yasama Yılı : 1 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ÇOCUKLARIN VELAYETİNE İLİŞKİN KARARLARIN TANINMASI VE TENFİZİ İ

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4433.html

Law No. 4433 Date of Admission: 08/04/1999

ARTICLE 1 - 20 October 1997, signed in Strasbourg "Recognition of Decisions concerning Custody of Children and the European Convention on custody of the children with Restoring Enforcement" has been used in the validation of. 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.


COUNCIL OF EUROPE
NO: 105
OF DECISIONS FOR THE CHILD CUSTODY recognition and enforcement of
FACILITIES FOR THE RECONSTRUCTION WITH CHILD CUSTODY of
EUROPEAN CONVENTION
LUXEMBOURG 20.V.1980
Contracting with the present Member States of the Council of Europe,
in Council of Europe Member States, taking into account the interests of the child, the decision on custody, recognizing that it is of vital importance,
The adoption of measures to facilitate the recognition and enforcement of decisions concerning custody of the child, taking into account would provide better protection of the interests of children,
For this purpose, the right to child custody seeing visit to the wishes of the parents is worthy of mention that the normal result
Observing children unjustified increase in incidents to be taken across international borders, and that the difficulties in resolving in accordance with the problems posed by such cases, the children's custody, had to be interrupted as enjoy this custody, to ensure the restoration to bring the appropriate measures with the request,
For this purpose, believing the various requirements and appropriate measures for the benefit of certain conditions;
Authorities are eager to legal cooperation relations between plants
They have agreed on the following:
Article 1
This Agreement framework:
a) Children: regardless of citizenship, yet is under the age of 16, according to the habitual residence of the law or the Citizenship Act or the internal law of the requested does not have the right to determine the place of their residence of the person;
b) Authority: judicial or administrative authority;
c) the decision on custody: to determine where to sit, any decision regarding the child's personal care with the authority, including the right to form personal relationships;
d) take on Unfair: given in a Contracting State of the child being taken across an international border by the violation of a custody decision on possible execution in that State;
It is perceived as.
On the other hand:
i) at the end of a temporary residence while the child at the end of its lifetime the right to establish personal relationships, or from countries that use the custody of another country return beyond the international boundaries of the child;
ii) take up a 12 have been found to be unfair within the scope of the subsequent article, as well;
Take be deemed unfair.
PART II
CENTRAL AUTHORITIES
Article 2
1. Each State Party shall appoint a central authority to carry out the tasks provided for in this Agreement.
2. Federal States and States where more than one legal system in force, authorities said they have the authority to appoint more than one central authority. 3. Any appointment made under this article shall be notified to the Secretary General of the Council of Europe.
Article 3
1. States Parties central authorities should encourage consultations between the competent authorities of the country should cooperate. These authorities should act expeditiously necessary.
2. States Parties of the central authorities to facilitate the processing of the present Convention:
a) the legal and actual cases related to cases that keep coming from the authorities and provide the information requested succession of müteda. b) shall communicate with each other on legislation relating to children's custody request amendments to this legislation.
c) the implementation of the Agreement shall inform each other about the difficulties that may arise due to the elimination of obstacles and practices against, the extent of their effort all the amenities.
Article 4
1. In one of the States Parties, the child must have obtained a decision on the custody and every person who wants another State in the recognition or enforcement of this resolution, to this end, the parties authority of any other state in the center, you can apply with a petition.
2 are required to contain the documents cited in the application of Article 13. 3. Apply the central authorities, in case of another as part of the State's central authorities on request, the documents will be delivered immediately and directly to the State.

4. Apply the central authorities, whether the fulfillment of the conditions required in this Agreement clearly if a particular may reject the initiative.
5. Apply the central authorities, the applicants, gives immediate information about the outcome of his request.
Article 5
1. Where the central authority of the requesting State:
a) the determination of the whereabouts of the child, b) children, especially with the necessary or appropriate measures to ensure not to damage the interests of the applicant,
c) Ensuring the recognition or enforcement of the decision,
d) In case of acceptance of execution of the decision, ensuring the delivery of the child to the applicant,
e) requesting the authorities to provide information about the measures taken and the results obtained;
all the measures it deems appropriate, take as soon as possible, if necessary, by application to the competent authorities of the country or care.
2. central authority of the State in the current request, if you believe in the territory of another State party's child, office documents such State of the center, transport them directly and immediately. 3. States Parties, except for the costs of returning the applicants, on its behalf, the state central authority unless under the first paragraph of this article, court costs and including if necessary, legal fees, to the measures taken, undertake the absence of any request for payment.
4. Recognition or enforcement is rejected and the requested State central authority, the applicant's, if it deems necessary to meet the demand for litigation in this state, applicant's residing in its territory or to be represented in the case by so favorable condition can benefit a person who is its national spend all the effort and especially for it It may apply to its competent authorities. Article 6
1 special agreement made between the relevant central authorities and without prejudice to the provisions of the third paragraph of this article:
a) The state central authority of the requested outgoing correspondence, written in one of the state's official language or official languages ​​or contains the translation in those languages.
b) However, the central authorities of the current state of demand, were French or English is required to accept items or correspondence containing the translation in one of these languages.
2. resulting from the current state central authorities on request, all correspondence, including the results of the investigation, the State may be the official language or languages ​​or in one of the French or English written.
Article 1 paragraph 3 a Contracting State (b) all or part of the implementation of the provisions of subparagraph may not appropriate. If a Contracting State has put these concerns, the concerns of the other Contracting State may impose in this regard. PART II
DECISIONS WITH CHILDREN'S CUSTODY recognition and enforcement of
RE PLANT
Article 7
A decision on custody given in a Contracting State which is recognized in any other Contracting State and the State kabili be executed unless it is enforcement.
Article 8
1. Should not take as unfair, the central authority of the requested State:
a) the State judiciary that decision given admission or earlier if have occurred on the date of take it as unfair children and their parents is just that the state's citizens and is residing in the child such State land, and
b) Any central authority, as unfair since they take within a period of six months, if the application has been made must be returned,
Tevessül child will be given back immediately.
2. In accordance with the law of the requested State, is not fulfilled the provisions of the first paragraph of this Article without the intervention of any judicial authority, none of the reasons for refusal does not apply to judicial procedures set forth in this Agreement. 3 of another person with the person entitled to custody of the child, this person is the personal relationship that the right of establishment, made an approved agreement by a competent authority and the end of the agreed period of time when he was taken out of the children's country, if not returned to the person who has custody of this item of paragraph ( b) of the second paragraph is tried to be re-established in accordance with the custody. The competent authority of this right, the situation in the event that a person not entitled to custody of the child is the same. Article 9
1. As unfair as they take and their take on the situation except as provided in Article 8 within a period of six months if the application has been no central authority, but rejected recognition and fulfill the following conditions:

a) the defendant or his legal representative in the case of such a decision in absentia, the defendant, while in the case of a petition or similar document that has been communicated to allow the defense to make. However, if the defendant is found to be the place of origin because it is hidden from the State yet it has been notified that the plaintiff filed this notice does not constitute a reason for the lack of recognition or rejection of the enforcement process. b) the defendant or his legal representative in the case of such a decision without the decision of the competent authority:
i) the defendant's habitual residence, or, ii) at least one condition is still there as usual to continue living, the last common habitual residence of the child's parents or,
In iii) it is based on the habitual residence of the child.
c) to be seated before taken the child as usual in the requesting State for one year already, including discrete, recognition or enforcement is sought before taken the required decision is that given the state a decision of incompatibility,
2. Recognition and enforcement since they take unfair if that was requested in six months, if a request has not been made without any central authority also apply the provisions of the first paragraph of this article.
3. The decision, by any means, not an examination of the merits.
Article 10
1. Recognition and enforcement, 8 th and 9 th article in except, not only for reasons provided for in Article 9 may also be rejected for one of the following reasons:
a) the results of the decision, if the requested State is incompatible with the basic principles of family and children's law clearly detected;
b) In the intervening time, including but unfair take-up because only except for changing the place of residence of the child, the result of the first decision due to the changes occurring in the circumstances no longer is seen in clear nature incompatible with the interest of the child; c) the State of origin in the case turned on the moment:
i) Children, the requested State citizens, or habitual residence, while in this state, and it was none of those ties with the State of origin;
ii) Children's State of origin and at the same time a citizen of the requested State on the current state of the request and the habitual residence;
d) The decision should require the requested State need a third State given and recognition can be brought a decision instead of the current State in demand and is not consistent due to a previous case in application fulfillment and denial of the child's interests, if appropriate.
2. procedural issues concerning the recognition and enforcement in the same demand may postpone a case of presence of any of the following reasons;
a) if the law applied to a usual way about the first decision; b) the requested State, the State of origin to be continued in a case involving the custody of children were initiated before the lawsuit;
c) Another decision relating to custody of the child, if any lawsuits or other litigation matters fulfill the poses on the recognition of the decision.
Article 11
1. Private or Personal relationships provision for the right to build personal relationships and custody decisions pertaining to decisions on establishment are recognized under the same conditions as other decisions relating to custody and is enforcement.
2. However, the competent authority of the requested State's exercise of the right side, especially the establishment of personal relations with the child taking into account the commitments made in this matter and determine the conditions applying. 3. If rejected the introduction of recognition or execution of a decision on custody is not a decision on the right to personal contact, the requested State central authority, decision-making about the right to establish personal relationships at the request of the person the right to assert, may apply to the competent authority for. Article 12
This Agreement, on the date the child is taken across an international border, given in relation to the custody of a Contracting State, kabili execution if a decision on it, then the child is taken for custody of a given Contracting State at the request of any person concerned and determine that it is unfair of conveying the same time a also apply to the decision.
PART III
PROCEDURE
Article 13
1. A decision on custody, the parties in another state recognition or replace the demand for the introduction of a) If the requested State a central authority to act on behalf of the applicant or a document for this purpose that another delegation of authority, or;
b) a document proving the reality that combines the requirements of the decision;

c) If such a decision without the defendant or a legal representative, a court petitions or similar document, a document outlining the defendant declared in legal form or that it has been notified;
d) if applicable to any document that revealed this, the decision can be fulfilled in accordance with the laws of the requesting State would;
e) If possible, stating the requested State where the child was found or can be found a statement;
f) of the proposal can be re-established in what way the child's custody;
2. The above-mentioned documents, if possible, the rules referred to in Article 6 is necessary to add a suitable translation.
Article 14
Each Contracting State, recognition and enforcement of decisions relating to child custody matters applies a simple procedure and series. This demand enables enforcement purposes can be constructed with a simple application.
Article 15
1. Request the competent authority of that State, Article 10 1 (b) before deciding on the application of paragraph;
a) In particular, if an actual impossibility for the age and ability, if the child is required to take the opinion; and,
b) may request that the investigation be necessary, can be seen.
2. The inquiry made in a State Party belongs to the State in which the costs of the investigation. 3. requests and results of the investigation, the relevant authorities, it may be submitted through the central authorities.
Article 16
This can not be asked any legalization or similar formality terms of the contract.
PART IV
DISCLAIMER
Article 17
1. States Parties shall, in the cases provided for in one or in Article 8 and Article 9 thereof, provided for in Article 10 of the enforcement and recognition of decisions regarding custody and reservations can make a reservation form can be rejected for the reasons given. 2. The first paragraph in the proposed decision concerns the recognition and fulfillment of a given State by the party indirectly from any of the additional reasons set out in these concerns, the parties may be refused in another State. Article 18
States Parties may make a reservation in their path and be bound by the provisions of Article 12. The provisions of the present Convention, States parties put these reservations given, applicable decisions referred to in Article 12.
CHAPTER V
OTHER DOCUMENTS
Article 19
This Convention does not exclude the possibility to rely on an international document or the requested State of any other legislation stemming from an international agreement in force between a decision of recognition or respect to ensure enforcement origin of the requested State to State.
Article 20
1. The present Convention, a State party, a party against the State does not eliminate the obligation arising from an international document on this subject organized by the Convention.
2. The parties of two or more States, and one in the child custody area of ​​legislation or recognition or instead of a special system in the field of introduction of decisions in this area had previously or currently offers, including this legislation instead of or part of this Agreement, or have the freedom to implement this system. To take advantage of these provisions, the decisions taken by the said States are required to communicate to the Secretary General of the Council of Europe. The annulment of the decision or change in this decision is necessary likewise communiqué. PART VI
FINAL PROVISIONS
Article 21
This Convention is open for signature by the member States of the Council of Europe. Contract ratification, acceptance or approval shall be submitted. Ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 22
1. The present Convention, the Council of Europe Member Three State, the provisions of Article 21 to appropriate the first day of the month following the date of reporting the accaptance about connecting with the contract to the end of a period of three months shall enter into force.
2. Convention for the State to notify the accaptance on connecting later, ratification, acceptance or approval of the first day of the month following the expiration of a period of three months from the date of such deposit shall enter into force.
Article 23
1. After the entry into force of the Convention, the Council of Europe Committee of Ministers, a state of non-Council members, status 20 (d) of the proposed majority and Convention, including the State of the right to be included in the Committee of State for a decision to be taken by consensus of the representatives can call to join the Convention.

2. Convention for the participating States to join the Council of Europe Secretary General to document the first day of the month following the expiration of a period of three months from the date of such deposit shall enter into force. Article 24
1. Each State, the time of signature or ratification, acceptance or participation certificates of deposit instantly, you can specify the territory or territories to implement the Agreement.
2. Each State, later, by a declaration addressed to the Secretary General, this implementation of the Convention may extend to any other territory specified in the declaration. Contracts for the region concerned, declare the first day of the month following the expiration of a period of three months from the date of receipt by the Secretary General shall enter into force.
3. Any declaration made under the two preceding paragraphs, the Secretary-General will be tebligatl the retractable terms of territory specified in the declaration. The withdrawal, the first day of the month following the date of receipt by the Secretary-General's statement to end a period of six months will be effective.
Article 25
1. Child Custody and the recognition and enforcement of decisions relating to custody which applies to the separate legal systems of two or approval of a State with more territorial units, acceptance, depositing its instrument of acceptance, approval or accession, this Agreement may declare that it will apply to all or several of these territorial units. 2. The State, then a declaration to be made at any time to the Secretary General of the Council of Europe, the implementation of this Agreement may be extended to any other territorial unit specified in the declaration. Convention for the land unit, declare the first day of the month following the expiration of a period of three months from the date of receipt by the Secretary General shall enter into force.
3. A declaration made under the two preceding paragraphs, the Secretary-General will be tebligatl to, to be valid for land unit specified in the declaration may be withdrawn. The withdrawal, the first day of the month following the expiration of a period of six months from the date of receipt of the notification by the Secretary-General will take effect. Article 26
1. In matters relating to custody, applied in the territory of the State with two or more legal systems:
a) A person's habitual residence or nationality of the law, referring to the State enacted or his appointed by the legal system of rules, in the absence of rules such as this person should be perceived as a reference to find the legal system in the most intimate relationships.
b) The State of origin or the requested state, referring to the case, given that the decision of the territorial unit or a decision of recognition or fulfillment or custody of the re-establishment of the territorial units should be perceived as requested.
2. This Article 1 paragraph (a) shall, in kabili States with two or more legal systems applicable in matters relating to custody, "mutatis mutandis" is applied.
Article 27
1. Each State, signature or when ratification, when depositing its instrument of acceptance, approval or accession, this Agreement, in the third paragraph of Article 6, Article 17 and may declare one or more of the reservations contained in Article 18. It does not accept any other way pull.
2. States parties that have declared a reservation under the preceding paragraph, this drawback by giving notice to the Secretary General of the Council of Europe, can be completely or partially removed. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.
Article 28
Council of Europe Secretary General this the end of the third following the year of entry into force year contract and, if appropriate, the date any time in the next States parties of the central authorities to determine representatives to examine the functioning of the Convention and invites the gathering to facilitate. Non-parties to the Convention, Member States of the Council of Europe may be represented by an observer at the meeting. These meetings work in a report presented to the Council of Europe Committee of Ministers for information. Article 29
1. The Parties shall, by giving notice to the Secretary General of the Council of Europe may terminate this Agreement at any time. 2. Denunciation shall be notified on the first day of the month following the expiration of a period of six months from the receipt by the Secretary General become effective.
Article 30
Council of Europe Secretary General of the Council and the Member States to present to the States participating in the contract: a) any signature;
b) Each approval, acceptance, approval or accession document deposited;
c) Convention 22, 23, 24 and the entry into force in accordance with Article 25;

d) all other documents in connection with the present contract, notification or declaration;
It notification.
Authorities, the undersigned, have signed this Agreement. Luxembourg on 20 May 1980, in French and English, both texts being equally valid, was issued as birtek archive copy will be delivered to the European Council. Council of Europe Secretary General of the Council of Europe Member States and each of the States shall transmit a certified copies invited to accede to this Convention.
The Government of the Republic of Austria on behalf of the Government of the Kingdom of Belgium Dr. Ch. Broda M. Prueser Greek Cypriot Administration of the Government of the Kingdom of Denmark, the Government of the P. Michaelides French Republic and the Government of the Federal Republic of Germany Government of the A. Peyrefitte G. Knackstedt Hellenic Republic to the Government of the Republic of Iceland Government of the G. Stamatis Republic of Ireland, the Government of the Republic of Italy Government on behalf of Gerard Collins Tommaso Morlino Principality of Liechtenstein the Government of the Luxembourg Government on behalf of Walter Kieber Gaston Thorn Maltese Government of the Kingdom of the Netherlands Government on behalf of J. de Ruti of the Kingdom of Norway Government of the Portuguese Republic to the Government of the Mario Raposo Kingdom of Spain and the Government of the Kingdom of Sweden and the Government of the Inigo Cavero Swiss Confederation Government on behalf of the Government of the Republic of Turkey Ambassador Kurt Furgler Rıza Türmen Great Britain and Northern Ireland
On behalf of the Government of the United Kingdom
Mackay of Clashfern Leon Brittan