Minor. Transfer Or Illicit Retention. Restitution. Regime.

Original Language Title: Menor. Traslado O Retencion Ilicitos. Restitucion. Regimen.

Read the untranslated law here: https://parlamento.gub.uy/documentosyleyes/leyes/ley/18895

RESTITUTION of people younger than SIXTEEN taken or retained illegally standards meeting in General Assembly, the Senate and the Chamber of representatives of the Republic East of the Uruguay, they Decree: article 1. Object-subject to the regulated process in this law determine if ever every time that you have verified in violation to a duty of care or custody of a person less than sixteen years of age, wrongful removal or retention and to preserve rights of access in accordance with the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109 You may 21, 1999, and by the Inter-American Convention on the international return of children, ratified by law No. 17.335, of 17 May 2001. Also ensure the treatment of such cases in accordance with the principles of these conventions, resolving them quickly and access to restitution, that it is conducted safely to the person less than sixteen years of age. For the purposes of this law refers to right guard or custody that understanding of the right to care and to decide on the place of residence of the person of less than sixteen years of age - including his transfer to the alien-in accordance with the law of the State of their habitual residence. Such right may result from the application of the law of a legal norm, a judicial or administrative decision or an existing agreement under the law of that State. This right should have been exercised effectively, either individually or jointly, by fathers, mothers, tutors, guardians or institutions, immediately before the fact. Person less than sixteen years of age, therefore must have been displaced illegally from his usual Center of life, found in the Uruguay. Article 2.-is expressly excluded from the process regulated in this law the decision on the merits of the case of the guardian, which is exclusive matter of the jurisdiction of the State of habitual residence of the person of less than sixteen years of age. While the request for refund is processed are suspended processes to resolve on the merits of custody or custody, that may be pending. Section 3. Procedural rules and interpretive principle-the procedure is governed by the Constitution of the Republic, the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109, of 21 May 1999, by the Inter-American Convention on the international return of children, ratified by the law No. 17.335, on May 17, 2001 , by this law, by the law No. 17.823, of 7 September 2004 (code on children and adolescents) and by law No. 15.982, of 18 October 1988 (General code of the process). Enshrined as a guiding principle of interpretation and, where appropriate, of integration, of the best interests of the child. Whereas such for the purposes of this law, the right not to be transferred or detained unlawfully and to be clarified before the judge of the State of their habitual residence the decision about his care or custody; to maintain contact fluid with both parents and their families and to get a swift resolution of the application for restitution or international visit. Article 4. Competition.-shall be determined in accordance with the General rules, with special application by the specialized Court of the principles of concentration and prompt and efficient administration of Justice, both at first instance and on appeal. They will be competent in the first instance, in the matter of family courts designated by the Supreme Court of Justice, within the system of shifts to the same established. Shall have jurisdiction in the second instance, the courts of appeals of family. To determine the jurisdiction by reason of place, it will adhere to the place where the person less than sixteen years old is flavored. For the purposes of applications for location, shall be the competent courts lawyers in first instance of family designated by the Supreme Court of Justice, without prejudice to the application, once carried out the corresponding location of the approach defined in the second paragraph of this article. 5 article. Legitimizing active-will be holder of the action of restitution that father, mother, guardian, guardian or other person, institution or body who is owner of the guardian or custody, in accordance with the legal regime of the country of habitual residence of the person of less than sixteen years of age, immediately before the removal or retention. 6 article. Legitimation passive.-will be legitimized passively, that is denounced by those who have active ownership, as the person who has abducted or retained illegally to the person less than sixteen years of age whose removal or retention is the cause of the application. 7 article. Assistance or representation of person less than sixteen years of age-is mandatory the appointment of legal counsel to the person less than sixteen years of age, who assist and represent according to the evolution of its faculties, appreciated at the discretion of the Court that understands the cause. Article 8. The intervention of the representative of the Public Ministry-of all pretense of international return of persons of less than sixteen years of age you will notice to the public prosecutor who, in fulfillment of the duty of mandatory intervention, will appear before the Court to the effects be noticed of the resultancias of the process and to exercise the acts that incumbent. His absence will not involve the processing delay. The competition shall be determined in accordance with the General rules governing their intervention. Any discussion on this end will involve detention or suspension of the proceedings. 9 article. Police-the police authority shall without delay collaboration in notifications, pipes and other proceedings, insofar as required to do. Article 10. Central authority.-for the purposes of the fulfilment of the tasks under article 7 of the Hague Convention on the civil aspects of the international abduction of minors adopted by the law No. 17.109, on May 21, 1999, and by article 7 of the Inter-American Convention on the international return of children ratified by the law No. 17.335 May 17, 2001, it is devoted to the central authority shall be informed by the Court of actions and will have free access to them. You can participate in hearings is inviting to whose effects must be notified. Article 11. Preliminary phase.-demand or request for refund, which shall conform to the requirements established in articles 8 of the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109, on May 21, 1999, and by article 9 of the Inter-American Convention on the international return of children ratified by the law No. 17.335 It may 17, 2001, it may be made directly to the Court, by letter rogatory or by direct request to the central authority (article 8 of the Inter-American Convention on the international return of children, ratified by the law No. 17.335, on May 17, 2001). If the precautions are insufficient or neither of the requirements for its validity is peticionará via central authority the referral of new documentation to the requesting State within a reasonable time. The competent court shall take immediate knowledge, will order the most urgent measures for the location and protection of the person of less than 16 years of age: closing of borders, retention of travel documents of the person and who has allegedly abducted her. Verified the location, it shall immediately to the requesting State via the central authority or agency to do their times. The central authority of the State shall act in order to obtain the voluntary return of person less than sixteen years of age. From the news, where it has requested the previous location of person less than sixteen years of age, it will start within thirty days for the purposes of the corresponding submission of demand or request for refund, for the case that is not has been deducted. The same expired, formal measures expire full. The documentation accompanying the demand or request for restitution, in order to prove the legitimacy active requesting (copy of judgment or approved Convention) and other documents, shall be submitted translated, thus correspond, if not requiring its legalisation (article 23 of the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109 You may 21, 1999, and by article 9.4 of the Inter-American Convention on the international return of children, ratified by the law No. 17.335, on May 17, 2001). Article 12. Procedure.-a time presented the demand or request for restitution, the Court shall proceed to the qualification of the conditions of admissibility and active legitimation, as defined in articles 1 and 5 of this Act. For the purposes of the latter, the petitioner shall prove the likelihood of his right, showing summarily in the application or demand that it is in the exercise of custody or custody, in accordance with the provisions of article 1 of this law. The presentation of the demand or request for refund before the competent court will mark the date of initiation of the proceedings for the purposes set out in article 12, first and second subparagraphs of the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109, of 21 May 1999 , and by article 14 of the Inter-American Convention on the international return of children, ratified by the law No. 17.335, of 17 May 2001. Article 13.-If the Court rejects formal demand or request for restitution, the resolution supports the appeal, lodged within the three days following the notification. If the refusal was confirmed in the second instance, this resolution must communicate to the requesting State so notified once stakeholders are empowered to initiate actions that could correspond. Article 14.-Admited the demand in 24 hours the Court will dispatch writ of restitution; It will quote exceptions for a period of ten days to that required; you will have the precautionary measures necessary for the purposes of protection and restraint of the person of less than sixteen years of age in the country, dictating the closing of borders and the retention of documentation for travel of the person of less than 16 years of age and the person who has stolen it, or amend or maintain those adopted initially; designate Ombudsman a person of less than 16 years of age have not been designated above; shall appoint a defender of the applicant who will perform with the powers of representation - unless he designates it personally - and shall notify the decision to the public prosecutor's Office in all cases. It shall communicate such decision to the central authority to its effects. Previous issues, incidents, or counterclaims that obsten to the continuation of the proceedings will not be accepted. Article 15. Opposition of exceptions-the defence of the defendant must be in writing founded at which must accompany all test that is of use. Opposition shall be valid when you express and demonstrate that: to) the person, institution or body who has made cargo person less than sixteen years of age, not effectively exercised custody rights at the time that was transferred or retained or had consented to or subsequently accepted the removal or retention.

(B) there is a grave risk that the return of person less than sixteen years of age expose to a psychic, physical danger or which in any other way put the person in an intolerable situation. Article 16.-it may also reject the request for restitution: A) if it is found that person less than sixteen years of age is opposed by grounds to return and, in the opinion of the Court, their age and maturity has to take into account their opinions (article 8 of the law No. 17.823, of 7 September 2004, code on children and adolescents).

B) if such application was filed expired the year of transfer or unlawful detainer and tested that person less than sixteen years of age has been integrated to its new center of life.

(C) when it is manifestly violates the fundamental principles of protection of human rights and fundamental freedoms. The Court rejected without substantiate any exception outside those listed in articles 15 and 16 of this Act. Article 17.-If not be opposing exceptions will be firm the writ of restitution and will be available to enforce it by communicating it to the central authority. Knowledge will be given to the requesting State, in his case, that if within thirty days calendar since may be communicated the judgment does not adopt the necessary measures for the purposes of the transfer of the person of less than sixteen years of age, will remain without effect the orderly return and taken orders. Article 18.-Opposing exceptions, will be examined with a transfer to the applicant for a period of six days. Answered the exceptions or expired term, it will be convened to hearing within three days of having been made cars the firm to the effect. In this Providence, the Court shall be issued on the evidence offered by the parties, to reject in limine that foolproof inadmissible, pointless or grossly impertinent. The resolution that admitted or denied the office of evidentiary proceedings shall be final with deferred effect. The number of witnesses is limited to three for each part. Article 19.-The hearing will be chaired by the Court and will not be held by absence of any of the above. It is tempt conciliation, which verified shall be recorded in the minutes and will be approved by the judge. Not possible, it will be heard the public prosecutor's Office and they will be resolved, has been raised, the procedural issues that obsten to the final decision. Be the fixing of the points of debate and the evidence ready, to which end the audience may be extended up to seventy-two hours is diligenciarán. You will hear the person less than sixteen years of age, parties and the public prosecutor's Office. The absence of the latter shall be without prejudice to the continuation of the process or the dictates of judgment. In accordance with the age and circumstances of the person whose return is requested it will be heard directly by the Court or through specialized professionals appointed by the Court. For the purposes of his dictation, may the Court extend the audience up to twenty-four hours. Article 20. Second instance-the final sentence will be liable of the appeal brought within the third day following notification and summaries with a shuttle identical term parties, the public prosecutor's Office and the defender of person less than sixteen years of age. The appeal will be granted with suspensive effect. The cars will be raised within a period of twenty-four hours of evacuees transfers. The Court of appeal shall be issued within the fourth day. You can do so at hearing or issue early decision. The second instance should be dealt within the maximum terms stated in the articles of the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109, of 21 May 1999, and the Inter-American Convention on the international return of children ratified by the law No. 17.335, of 17 May 2001. Article 21. The content of the judgment-will be ordered restitution in any case case of a person of less than sixteen years of age, who has been transferred or retained illegally in violation of a right of custody exercised effectively at the time of the fact in the country of their habitual residence. The ruling will order the prevention to the requesting State mentioned in article 17 of this law, if applicable. Costs of restitution will be charge of the actor or his case of the requesting State. Article 22. Safe return.-the Court may not deny restitution of a person less than sixteen years of age based on the literal b) of article 13 of the Convention of the Hague on the civil aspects of international child abduction adopted by the law No. 17.109, of 21 May 1999, and literal b) of article 11 of the Inter-American Convention on the international return of children ratified by the law No. 17.335 , May 17, 2001, if it is shown that adequate measures have been taken to ensure the protection of the same after the refund. Article 23.-If one period of more than one year has elapsed between the date of the request or demand for restitution and the abduction or retention illicit, may also be ordered restitution, according to the circumstances in the cause, except for demonstration in the run-up to the person less than sixteen years of age has been integrated into their new environment and in this case, only if in the opinion of the judge the permanence in this is favourable to their priority interest. If not, you can always order restitution (article 18 of the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109, on May 21, 1999, and by article 17 of the Inter-American Convention on the international return of children ratified by the law No. 17.335, on May 17, 2001). Article 24. Challenges-there will be appeal only the sentence that has delete rejection - in which case the appeal is not substance - and the final statement. In the second instance you can call audience or dictate early decision; in the latter case, the period to infer the resource for clarification and expansion shall be forty-eight hours, and you must decide within forty-eight hours. Against the judgment of second instance further appeal shall not be allowed. Article 25. Visit-application which aims to enforce the right to visits by their owners in the cases provided for in the international conventions of restitution, will follow the procedure laid down in this law. The right to visits shall include the right to the person less than sixteen years of age, for a limited period of time, to another different country to the one that has his habitual residence. It is not necessary requirement for the origin of the request for visits within the framework of the international agreements of restitution, the existence of a prior removal or retention, illicit, or the existence of a regime of visits previously established. Article 26.-The national court, required its intervention, in case of existence of parenting time set enforceable judgement or by Convention approved judicially, can even modify these arrangements where necessary. It will intervene in the question of the visits, in exercise of their natural jurisdiction, in character of next jurisdiction, and without prejudice of the judge of the State of habitual residence competition, either when denied the request in cases that, having achieved self composition of litigation, gets the voluntary return or restitution. Received the request or demand, will run transfer of six working days and will be convened to a hearing in which it will issue a ruling. Will be available on the regime of visits, always under the warning to the parties that the breach will be incurring unlawful, for the purposes established by the Hague Convention on the civil aspects of international child abduction adopted by the law No. 17.109, of 21 May 1999, and in the Inter-American Convention on the international return of children ratified by the law No. 17.335 removal or retention to the offender , May 17, 2001. Article 27.-If there is no established regime, visits process will consist of demand or request, regulated in the applicable by articles 2-10 th of this law. Shall take place with a transfer for six days who had circumstantial tenure of person less than sixteen years of age. Convene a hearing where it will tempt the conciliation, is diligenciará the test, you will hear the parties and the public prosecutor's office and they will issue a ruling, applying in the relevant articles 17 to 20 and 24 of this law. Article 28. Direct judicial communications.-the Supreme Court of Justice shall designate a judge of link with the task to facilitate direct judicial communications on pending matters covered by this law among the foreign courts and national courts. Consultations may be mutual, will be made through the liaison judge and shall be recorded in the same respective records, with notification to the parties.     Hall of sessions of the House of representatives, in Montevideo, to April 11, 2012. JUAN CARLOS SOUZA, 3rd. Vice-President.
José Pedro Montero, Secretary. Ministry of education and Culture Ministry of relations outside Montevideo, 20 April 2012. Met, acknowledge receipt, communicate, publish, and inserted into the national registry of laws and decrees, the law which establishes a process of return of persons under sixteen years of age moved or illicitly retained. JOSÉ MUJICA.
RICARDO EHRLICH.
LUIS ALMAGRO.