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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Period: 21 Yunder: 1

Warning: The Law you are viewing is considered to be accepted at the General Assembly of the TBMM. It does not contain any later delics if it exists.


RECOGNITION OF DECISIONS FOR CHILDREN ' S CUSTODY OF CHILDREN

RECEIVE CUSTODY OF CHILDREN

ELIGIBLE FOR THE EUROPEAN COMMITMENT

Kanun # 4433

 

Accepted Date: 4.8.1999

 

MADDE 1. - It is appropriate to approve the "Human Commitment To Children ' s Decisions of the Children and the Tunisian and Custody Of Children of Children" signed in Strasbourg on October 20, 1997.

MADHOUSE 2. - This will take effect on the release date of the Channel.

MADDE 3. - The Council of Ministers executes the provisions of this Law.

 

 

EUROPEAN COUNCIL

NO: 105

RECOGNITION OF DECISIONS FOR CHILDREN ' S CUSTODY OF CHILDREN">

RECEIVE CUSTODY OF CHILDREN

EUROPE PROMISE

LUXEMBOURG 20.V. 1980

Member States of the Council of Europe,imzasý

Member States of the Council of Europe, in the decisions regarding custody of the child, in the decisions of the child's child, By acknowledging that life matters,

custody of the child normal

For this purpose, the parent's right to visit is normal, considering the decision to recognize and ease the tenfism of the decisions to ease the tenfism.

The fact that children are entitled to be taken beyond the international world is the result of increased incidents and the appropriate analysis of such cases. by observing the challenges that are being made,

With the need to bring appropriate measures to restore custody of children, if this custody is arbitrarily cut off,

You will not be able to take appropriate precautions for this purpose with the specific requirements and the appropriate actions by believing in the benefit of;

In accordance with the facility's legal services,

People are unambiguous in the following:

Article 1

Workplace :

a) Child: Regardless of the subject of the citizen, it is still under 16, not the right to appoint a place of residence according to the law of the mutad or the State of the Citizen;göre

b) Makam: A judicial or administrative office;

c) Decision: any authorities determined as to the child's personal care, including the right to appoint, to establish the location of the Oturaki;

d) Do not take a referee: If a child is given in a State of Love and executed in violation of a possible custody decision on this State,götürülmesi

.

From the following side:

i) failure to return beyond the international phase of the child at the end of a period of time in which the right to engage with the child or to the country that has been used for custody;

ii) 12. to the extent to which the following is right within the scope of the clause;

the right to take.

SECTION I

CENTRAL AUTHORITIES

Article 2

1. Each State assigns a central body to perform the tasks that are envisioned in this Glossary.

2. States with more than one legal system with the Federal States have the authority to assign authorities to more than one central authority.

3. Each assignment made within the framework of the provision is subject to the Secretary-General of the Council of Europe.

Article 3

1. The central authorities of the entity states should do the work between their countries and the authorities in their countries ' authority. These authorities should move with the required speed.

2. The central authorities of the entity states:

a) They will be familiar with the requests for information from the competent authorities regarding legal and operational cases involving ongoing litigation.

b) They communicate with legislation that will be made to this legislation with respect to the legislation of the children.

c) Each other in question of difficulties that may arise in the implementation of the commitment information and the elimination of barriers to implementation to be removed, they will make an effort to measure all offerings.

Article 4

1. In one of the states, it made a decision on the child's custody, and that decision was made by the central office of any other state, petition to the central authorities of any other state, for this purpose, for the purpose of which is to be known to a state of state. can be found.

2. It's 13 of your head. The documentation specified in the item is required.

3. The central paper that is being started is immediately available and will be delivered immediately.

4, if the state of the state of the claim is no more than the central authorities. The central paper that is being struck may refuse to be found in my entry if it is clearly not in place of what is required in the statement.

5. The central paper that is being started gives immediate information about the results of the claim.

Article 5

1. The central authorities of the claim:

a) The identification of the location of the child,

b) Not to damage the child or the output of the child, especially with appropriate precautions,

c) Decision recognition or tenfism,

d) if the tenfir of the decision is accepted, it is not possible to deliver the child to the future owner,

e) the measures taken by the claimer, the measures taken to provide information about the resulting results;

2. If the country's central authorities believe that the child is in the country of a party that is on the other side, the central authority of the state is the central authority of the state, the right to the central authorities, and immediately.

3.  At the expense of the United States, the State Department, in accordance with the first paragraph of this article, will ask for any payment, including the cost of the court and the expense of lawyers in the office of this State central office. They are committed to not being found.

4.  The recognition or tenfism is rejected and the state of the state central office, if deemed necessary to meet the request to prosecute this state, is available in its own country, as well as the benefit of a person or a citizen of his own. It will spend the entire effort to represent the case with the results, and may refer specifically to its own authorities.

Article 6

1.  Special reconciliation between the central authorities and the provisions of the third paragraph of this article:

a) The notices to the State central office, which are in demand, are the official language or official of this State.

b) However, the requested State central office, Fransizca or English, or in one of those languages, agrees to write the translation in the conflict. .

2. All writes, including the results of the requested State central office, may be written in either the official language or language of this State or in French or English.

3.  It may not be appropriate to apply all or part of the provisions of a Âkit State 1st paragraph (b) to its provisions. In the event that a Turkish State has put this hammer down, it may also apply the hammer in this direction.

SECTION II

RECOGNITION OF DECISIONS AND TENTACLE CHILDREN

NEWTESÝSÝ

Article 7

There is no decision in one of the states of the State of ÂKit, a decision that will be recognized in any of the Devlet Devlette, and if there is a tribal execution in the state of the state, .

Article 8

1.  If you take it as a right, the state central office of the claim:

a) is the child and parent in the history of taking it as a judge, if it is in place or before the State-judicial organs of which the decision was made. If they are citizens of the state and the child is uncomplainable in the state of the state, and

b) If it is in the process of being returned within a period of time before taking any central office, then

will immediately return the child to the return of the child.

2.  If the first paragraph is not to be fulfilled by the State Code, which is referred to by the State Law, none of the reasons for the rejection of any such statement will be applied to the following terms.

3.  A senior official with the child's custody of the child was approved by a competent authority to establish the president's office, and has the right to custody after the child was taken to the country at the end of the mutabank term. the first paragraph (b) of the item and the second paragraph of the second paragraph of the item will be refunded by the second paragraph of the item and the second paragraph of the item is not returned. It is also the case if the authority gives the right to a person who does not have custody of the child.

Article 9

1.  If any central authorities have been taken to any central authorities within a period of time before and after the foregoing right in item 8, the identification and replacement will only be rejected in the following situations:

b) Your location is not. If there is a decision made available to you to have a legal representative, the decision is entitled:

i) The mutad message of the Davali, or,

ii) At least one still remains in a mutad there. With the end of the child ' s main press, the mutad message or,

iii) If the child is based on a mutad message.

c) The desired decision to identify, identify, or tentase in the state of the state, in which the child has been seated as a mutad for a period of time before the child is taken.

2..

2.  The first paragraph provisions of this Article are also applied if a request is made from any central authorities if they have been requested within the six months of the introduction of the recognition and tenfism.

3.  The decision cannot be the subject of a fundamental review.

Article 10

1.  Description and replacement may also be rejected for one of the following reasons:

a) the results of the decision, for example, for reasons stipulate in item 8 and 9, only for the reasons stipulate in item 9:

a unless otherwise detected by family and children's legal principles;

b), including the time passed, but not only because of the location of the child because of the rights of the child, in the afterlife The consequences of the first decision, due to the number of things that have occurred, are the result of the first açýkça

c) The case is being sued in theMenþeMenþe

i) The child is the state citizen of the claim, or the mutad member is in this state, and none of these cases with the state of origin are in this state. None;

ii) The decision of the state and the state citizen and mutad member referred to at the same time;

d) The decision, the state of which is requested, is a third State to be met with a fulfilled decision in the state of the state of the claim and because of a previous case, and if it is appropriate for the red child's fences.

2.  They may overflow in the event of any of the following reasons for the recognition and tenfism demands of the same topics;

a) If a law is being started about the first decision,

b) The requested Devlette is proceeding with a case of custody of the child before the case opened in the state of the state;

c) A ruling on custody of the child, any replacement case, or this decision. Article 11

1. The decisions regarding the establishment of the state and the right to establish custody decisions are defined and tentased in the same way as other decisions, such as those decisions for custody.

2. In particular, the government's competent authority may determine the use of the child and its implementation by taking into account its commitments in this regard.

3. If the decision on whether to establish a state of violence has not been met or met, the country's central authority has decided that the right to establish the president is about to establish the president's right to the right. It may refer to the authorities to give it to the authorities.

Article 12

The commitment of the child to be taken beyond an international period was given as a lover of the state, a decision made by the tribe. if you do not find any relevant information after the child is taken It is also applied to a decision on the claim that it is the right to take it at a time.

SECTION III

USUL

Article 13

1. A decision on custody or replacement of a party in a state,

a) The request to act or appoint a representative to the state central authority referred to in the case of the claim. A document that authorizing the }

b) A document that authorizing the reallocation of the decision;

c) is the case of a case given without the Davali or legal representative of the case, the petition or the a similar document has been legally declared or otherwise declared in the case of the defendant. a document that puts it;

d) if any document that reveals it is not applicable, it will be fulfilled in the decision of the State of the State in the request;

e) if possible, a statement stating where the child is located in the claimed state or can be found;

f) bids on how to reestablish custody of the child;

2. If applicable to the above mentioned documents, it is necessary to include a term that complies with the rules mentioned in clause 6.

Article 14

Each state, child's custody decisions are made. It's a simple, serial-based product of recognition and tentachial. For this purpose, it allows the request of tenfiz to be made with a simple jump.

Article 15

1. Prior to deciding on the implementation of the 10-tenth paragraph of paragraph 1 (b), the competent authority of the state of the state of the claim is that the child's view is especially true, if there is no actual offering of the term and recognition of the child. It is required; and,

b) The Lüzum may prompt you to see if they can see it.

2. It belongs to the State that has the expense of the expense questions made on a side state.

3. The question demands and results can be indent with the relevant article, central authorities.

Article 16

Cannot be requested in any of the same formats or similar formats from this point of view.

SEALP IV

RESERVATIONS

Article 17

1. The entity states, 8th and 9th, or in any of them, in the cases stipulate, the recognition and fulfillment of the decision of the sole custody may be withdrawn for reasons stipulate in the 10th amendment or for reasons for the reasons for which they are not. .

2. The identification and fulfillment of decisions made by a party that puts the forecasted hammer in the first paragraph may be rejected by any of the additional reasons cited in this attraction, and may be denied in the entity States.

Article 18

The States may put forward 12 nci provisions when they are not in the way of their own. The following are the terms of the Word, which is given by the entity, which is placing the subject in question, may not make the decisions specified in article 12.

PART V

DOCUMENTSDÝÐER

Article 19

A statement is not caused by the state of a decision, or the state of which it is referred to as a state of the State that is claimed by the government, or any other country that does not originate from the state of the country with the country. It's not going to take away any legislation.

Article 20

1. A Glossary does not eliminate any obligations that may be made from a party to an international document on which a party is regulated.

2. Party two or more State, a single legislation in the custody area of the children, or a private system in the area of recognition or fulfillment of the decisions in this area, or if they have already established a special system in the field of custody, the company has They have the freedom to implement the legislation or to implement it. To take advantage of this provision, the decisions of the people in question must be made to the Secretary General of the Council of Europe. The annuities of this decision or decision are also required.

SECTION VI

PROVISIONS PROVISIONS

Article 21

The European Council Member States of the Agreement It's open to your signature. The commitment will be approved, accepted, or introduced. Approval, acceptance, or tasvip documents shall be tevled to the Secretary General of the Council of Europe.

Article 22

1. A member of the European Council will take the first day of the month following the end of a three-month deadline from the date of the Three States of the Council of Europe ' s declaration of their mutifness in accordance with the provisions of the 21st clause.

2. For the United States, which will later report any muvaffaques in terms of termination, the first day of the month that follows the expiration of a three-month deadline for the approval, acceptance or cervix documentation will be effective.

Article 23

1. The Council of Europe's Committee of Ministers, a non-Council member state, was a member of the Council of Europe and the Council of Ministers of the Council of States, including the Council of Ministers, including the Council of the Council of the Council of the Council of Europe, and the Council of the United States. a decision that will be received with a unanimous decision.

2. For the United States, the statement will take effect on the first day of the month following the end of a three-month period from the contact of the Secretary General of the Council of Europe.

Article 24

1. Each State, in the event of a signature or approval, acceptance or contribution document, may determine the land or territory of the statement, which is applicable.

2. Each State, later, with a gentleman to be made to the Secretary General of the Council of Europe, may apply the implementation of the company to any other country that is specified in the statement. For the region, the statement will take effect on the first day of the month following the end of a three-month deadline from the date of the return of the statement by the Secretary-General.

3. Each statement made by the two paragraphs above may be withdrawn from the specified region balance in the statement, with the default to be done to the General Secretary. The withdrawal will take place on the first day of the month following the expiration of a period of less than the date of the statement from the Secretary-General.

Article 25

1. In the case of approval, acceptance, approval or folding of a State of two or more territorial units that the separate legal systems apply to the recognition and implementation of children's custody and custody decisions, this is the work of the It may represent that the promise applies to all or a few of the territory units that are mentioned.

2. This State, which will then be held to the Secretary General of the Council of Europe at any time, may also be able to apply the implementation of the statement to any other territorial unit specified in the brain. For this territorial unit, the statement will take effect on the first day of the month following the release of a three-month deadline from the date of the Secretary-General.

3. The statement made by the two paragraphs above may be withdrawn, subject to the applicable General Secretary, to apply for the territory unit specified in the brain. The withdrawal will take place on the first day of the month following the expiration date of the default.

Article 26

1. In matters of custody, two or more of the legal system (s) implemented in its territory:

a) The law that is in effect in this state is not a mutad or a citizen's law, to the legal system that is most closely related to the system or to the legal system if such rules are not present.

b) The state of Mendase or the state in which it is referred to, according to the status, is determined the recognition or fulfillment of the territorial unit or decision that has been provided It will not be retrieved.

2. The 1st paragraph of (a) of the article is "mutadis mutandis" in the States, which has two or more cabinet-related exercises in matters of custody.

Article 27

1. Each State may declare one or more of the reservations included in article 3 of the article, article 3 of the article 6, article 3 of the article 6, article 3 of the article, or in the tevdii of the approval, acceptance, liquidate or folding document. It is not accepted when you move it in any way.

2. The entity, which is declared when it is drawn to the above paragraph, may be able to remove this attraction, completely or completely, by engaging in a tebligata to the Secretary General of the Council of Europe. The withdrawal will be effective at the time of the Secretary-General of the theme.

Article 28

The European Council Secretary General is at the end of the third year following the current commitment of the President and If deemed appropriate, at any time after that date, the entity invites the States to convene to review and facilitate the decentralisation of the central authorities, their representatives, and the business of the Glossary. Non-party members of the Council of Europe may be represented by an observer in the meeting. In a report of these meetings, information is presented to the Council of Europe Ministerial Committee for information.

Article 29

1. The parties may terminate this Promise at any time by providing a tebligata to the Secretary General of the Council of Europe.

2. The annulment will be effective on the first day of the month following the end of a subdivision by the Secretary General.

Article 30

Secretary of the Council of Europe, Member of the Council To the States and to the United States:

a) Each signature;

b) Each approval, acceptance, task, or folding document tevdiini;

c) Every time that the Glossary of the Glossary contains 22, 23, 24, and 25 effective entry;

d) other words have been started with this Word document, telligat, or notification;

default.

The following are signed by authorities.

In Luxembourg, 20 Mayans in Luxembourg, as French and English, both The text, to be valid in the same way, is described as a single copy of the European Council for the President. The Secretary-General of the Council of Europe will make a valid example of the European Council Member States and the United States.

Government of the Republic of Austria Adjen Belgium Adnna Dr. Ch. Broda M. Prues

President of the Republic of South Cyprus Names the Government of the Kingdom of DenmarkP.

the Government of the Federal Republic of Germany to the Government of the Federal Republic of Germany, A. Peyrefitte G. Kknackstedt

Government of the Republic of Greece Adjana G. Stamatis

Government of the Republic of Israel Adjisna Adorna of the Government of the Republic of Israel, Gerard Collins Tommaso Morlino

Name of the Government of Liechtenstein to the Government of the Principality Waltar Kieber Gaston Thorn

The Maltese Government Adanna J. de Rutier

The Government of the Republic of Portugal Adjana Mario Raposo

Spanish Government Government Adjimna Inigo Cavero

Government of the Republic of Turkey Adına Kurt Furgler Ambassador Rıza Türkmen

Great Britain and Northern Israel

Name of the United Kingdom of the Union

Mackay of Clashfern Leon Brittan