Key Benefits:
ArtAculoA 1Aº. Object.-The object of the process regulated in this law is to determine if there has been an ilAcyte transfer or retention of a person less than sixteen years of age, as long as it has been verified in violation of a right of custody or custody and preserve the right of visit according to the Convention Of The Hague On Civil Aspects Of The International Child Abduction approved by the Law No 17.109, of 21 May 1999, and by the Convention Inter-American Child Restitution, ratified by the Law No 17.335, ofMay 2001.
Also to ensure the treatment of such cases in accordance with the principles of the aforementioned Conventions, the resolution of the same in the form of a request, and, of access to the restitution, that the same be carried out safely for the person of less than Sixteen years of age.
For the purposes of this law it is understood by right of guardian or custody that understanding of the right of care and to decide on the place of residence of the person of less than 16 years of age-including his transfer abroad-of compliance with the law of the State of his habitual residence. Such a right may result from the full application of a legal rule, a judicial or administrative decision or an existing agreement according to the right of that State.
This right must have been effectively exercised, either individually or jointly, by parents, guardians, guarders, or institutions, immediately before the event.
The person of less than nineteen years of age, as a result, must have been displaced unharmed from his usual center of life, finding himself in Uruguay.
ArtAculoA 2Aº. -A expressly excluded from the process governed by this law is the decision on the merits of the matter of the guardian, which is the matter of the jurisdiction of the jurisdiction of the State of habitual residence of the person of less than nineteen years of age. While the request for restitution is being processed, the processes that have to be resolved on the basis of the custody or custody, which can be found on the ground, are suspended.
ArtAculoA 3Aº. Procedural rules and interpretative principle.-The procedure will be governed by the , the Hague Convention on the Civil Aspects of the International Child Abduction approved by the href="areuelveref.aspx?Law, 17109//HTM"> Law No. 17.109, of 21 May 1999, by the Inter-American Convention on the International Restituciation of Minors, ratified by the Law No 17.335, of 17 May 2001, by this law, by the Law No 17,823, dated 7 September 2004 (The Code of the NiA ± ez and the Adolescence) and the Law No. 15,982, dated October 18, 1988 (General Code of the Process).
It is consecrated as the guiding principle of interpretation and, where appropriate, of integration, that of the higher end of the year. Consider the effects of this law, the right not to be transferred or withheld unless the decision on their custody or custody is diluted before the Judge of the State of his habitual residence; both parents and their families and to obtain a request for resolution of the request for restitution or international visit.
ArtAculoA 4Aº. Competition.-It will be determined in accordance with the general rules, with special application by the specialized Tribunal of the principles of concentration and prompt and efficient administration of justice, in both the First Instance and the Apelation.
They will be competent in the First Instance, the Courts of Family Matter that the Supreme Court of Justice will appoint, within the system of shifts that the Supreme Court will establish. The Court of First Instance, the Courts of Family Appeals. In order to determine the competition in place, you will be bound to the place where the person of less than 18 years of age will be found.
For the purposes of the requests for location, the Court of First Instance of the Family that designates the Supreme Court of Justice will be competent, without prejudice to the application, once the corresponding location has been made, of the criterion defined in the second paragraph of this Article.
ArtAculoA 5Aº. Active Legitimation.-SerA holder of the return action that parent, mother, guardian, keeper or other person, institution or body that holds the right of custody or custody, as the legal status of the person's habitual residence of less than one year of age, immediately prior to his or her transfer or retention.
ArtAculoA 6Aº. Passive legitimation.-It will be passively legitimized, the one that is denounced by the one who has the active ownership, as the person who has subtracted or illegally retains the person of less than Sixteen years of age whose displacement or retention constitutes the cause of the application.
ArtAculoA 7Aº. Assistance or representation of the person of less than sixteen years of age.-The appointment of a defense lawyer to the person of less than 18 years of age shall be required, represent the evolution of his faculties, appreciated at the judgment of the Tribunal that he understands in the cause.
ArtAculoA 8Aº. Of the intervention of the representative of the PAºblico Ministry.-Of any intention of international restitution of persons of less than nineteen years of age will be given to the Ministry of the Public who, in compliance with the duty of mandatory intervention, he will appear before the Court for the purposes of being newscast of the results of the process and to exercise the acts that he is responsible for. Its absence will not imply the delay of the limit.
The competition will be fixed in accordance with the general rules governing your intervention. No discussion on this end will imply the arrest or paralyzing of the limit.
ArtAculoA 9Aº. Police Authority.-The police authority will provide no delay to the collaboration in notifications, conduct and other measures, as soon as it is required.
ArtAculoA 10. Central Authority.-For the purposes of compliance with those committed by Article 7 of the Hague Convention on the Civil Aspects of the International Child Abduction approved by the href="areuelveref.aspx?Law, 17109//HTM"> Law No. 17.109, of 21 May 1999, and by article 7 of the Inter-American Convention on the International Restituciation of Minors ratified by the Law No 17.335 ofMay 2001, it is established that the central authority should be informed by the Court of the proceedings and shall have free access to them. They may participate in the hearings to which the effects of the hearing are to be notified.
ArtAculo 11. Preliminary stage.-The demand or request for restitution, which should conform to the requirements set out in the article 8 of the Hague Convention on the Civil Aspects of the Abduction Minor International approved by the Law No. 17.109, of 21 May 1999, and by article 9 of the Inter-American Convention on the International Restituciation of Minors ratified by the Law No 17.335, of 17 May 2001, may be filed directly with the competent court, vAa, or a petition to the central authority (artAculoA 8 of the Inter-American Convention). on International Child Restituciation, ratified by the Law No 17.335, ofMay 2001). If the revenue is insufficient or does not meet the requirements for its validity, the central authority shall be required to forward the new document to the requesting State within a reasonable time.
The competent court will take immediate knowledge, order the most urgent measures for the location and protection of the person of less than nineteen years of age: border closure, retention of travel document of the person and who has allegedly subtracted it.
Verified the location, will communicate it immediately to the requesting State vAa central authority or through the body that does its times.
The central authority of the State shall act in order to obtain the voluntary return of the person of less than nineteen years of age.
On the basis of that news, if the person of less than 16 years of age has been requested to be located, start a period of thirty days for the purposes of the corresponding filing or request for restitution, in case it has not been deducted. The measures taken in the course of the year shall lapse in full.
The documentation that is accompanied by the request or request for restitution, in order to establish the active legitimacy of the applicant (copy of the approved judgment or agreement) and collect, must be translated, in case of a correspond, do not require your legalisation (article 23 of the Hague Convention on the Civil Aspects of the International Child Abduction Approved by the Law No. 17.109, of 21 May 1999, and by the article 9.4 of the Inter-American Convention on the International Restituciation of Minors, ratified by the Law No 17.335, ofMay 2001).
ArtAculoA 12. Procedure.-Once the request for restitution has been filed, the Tribunal will proceed to the classification of the conditions of admissibility and active legitimacy, according to the definitions of the artAculosA 1Aº and 5Aº of this law.
For the purposes of the latter, the petitioner must prove the likelihood of his right, summarily demonstrating in the application or claim that he is in the exercise of the custody or custody, in accordance with the provisions of the artAculoA 1Aº of this law.
The submission of the claim or request for restitution to the competent court shall mark the date of initiation of the proceedings for the purposes set out in the article 12 first and second of the Hague Convention on the Civil Aspects of the International Child Abduction Approved by the Law No. 17.109, of 21 May 1999, and by article 14 of the Inter-American Convention on the International Restituciation of Minors, ratified by the Law No 17.335, ofMay 2001.
ArtAculoA 13. -A If the Court immediately rejects the claim or request for restitution, the resolution supports the appeal, filed within three days of the notification.
If the refusals are confirmed in the second instance, the resolution should be communicated to the requesting State so that once the persons concerned are notified they will be able to initiate the actions that they may correspond.
ArtAculoA 14. -On demand, the Court shall, within twenty-four hours, issue a warrant for the return of the order of 10 days to the required; provision shall be made for the necessary precautionary measures. For the purposes of the protection and subject of the person of less than sixteen years of age to the paAs, dictating the closure of borders and the retention of documentation to travel of the person of less than of the age of 16 years and of the person who has subtracted it, or it shall amend or maintain those initially adopted; appoint a Ombudsman of less than 16 years of age if he has not previously been appointed; he shall in all cases appoint an Ombudsman to act with the powers of representation-unless he himself designates it. personally-and notify the decision to the Ministry of Public Health. It shall communicate such decision to the central authority for its purposes.
No prior questions, incidents, or counterclaims shall be admitted to prevent the prosecution of the subject.
ArtAculoA 15. Exceptions.-The defendant's defense should be written in writing to which it should be accompanied by any evidence that it should be valid. The opposition shall be valid when it is expressed and demonstrates that:
| A) | The person, institution or body that has taken care of the person of less than 16 years of age, does not exercise effective mode of custody right at the time it was moved or retained or consented to or subsequently accepted the transfer or retention. |
| B) | There is a serious risk that the return of the person from less than nineteen years of age will expose her to a fAsic hazard, psAquico or otherwise put the person in an intolerable situation. |
ArtAculoA 16. -A Reject request also may be rejected:
| A) | If it is checked that the person of less than nineteen years of age is opposed for reasonable grounds to return and, in the case of the Court, your age and maturity I will justify taking into account your opinion (artAculoA 8Aº of the Law No. 17,823, dated 7 September 2004, CAOdido de la Nià ± ez y la Adolescencia). |
| B) | If such a request was submitted due to the move or illegal challenge, and it is proved that the person of less than nineteen Years of age has been integrated into your new living center. |
| C) | When manifestly violating the fundamental principles of human rights protection and fundamental freedoms. |
The Court shall reject without substantiation any exception outside those listed in Articles 15 and 16 of this Law.
ArtAculoA 17. -If you do not have any opposing exceptions, you will be able to sign the order of return, and you will have the right to make the same communication to the central authority.
The requesting State shall, where appropriate, be aware that if within the thirty calendar days the judgment is communicated, it does not take the necessary measures for the purpose of the transfer of the person of less than one year of age, It will have no effect on the ordered restitution and the providences adopted.
ArtAculoA 18. -A exceptions, they will be substantiated with a move to the requesting party for the term of six days.
Answered the exceptions or the term expired, it will be called to the audience that will be celebrated within the three days of having been put the cars to the Office to the effect. In that provision, the Court shall be issued on the evidence provided by the parties, rejecting any such inadmissible, inconduct or manifestly impertinent evidence.
The resolution that supports or denies the issue of probative proceedings will be appable with deferred effect.
The number of witnesses shall be limited to three for each party.
ArtAculoA 19. -A The hearing will be chaired by the Court and will not be held in the absence of any of the above.
In it, the conciliation will be tempted, the one verified will be recorded in the minutes and will be approved by the judge. If it is not possible, the Ministry of Public Health will be heard and the procedural issues that will remain in the final decision will be resolved. The discussion points shall be fixed and the evidence available shall be completed, at the end of which the hearing may be extended for up to seventy-two hours.
The person of less than nineteen years of age shall be heard, to the parties and to the Ministry. The absence of the latter shall not preclude the prosecution of the subject or the judgment. According to the age and circumstances of the person whose restitution is requested to be heard directly by the Tribunal or through specialized professionals appointed by the Tribunal.
For the purposes of your dictation, the Court may extend the hearing for up to twenty-four hours.
ArtAculoA 20. Second instance.-The final statement will be able from the appeal action filed within the third dAa following the notification and substantiated with an end-to-date transfer to the parties, to the Ministry of Public Health and to the human rights defender of less than 18 years of age.
The appeal resource will be granted with suspensory effect.
The cars will be elevated within the term of twenty-four hours of evacuees.
The Court of Appeal will be issued within the fourth dAa. They may do so in the audience or decide early.
The second instance must be processed within the time limits set forth in the articles of the Hague Convention on the Civil Aspects of the International Child Abduction Approved by the Law No. 17.109, of 21 May 1999, and the Inter-American Convention on International Restituciation of Minors ratified by the Law No 17.335, ofMay 2001.
ArtAculoA 21. Of the contents of the statement.-The restitution shall be ordered in any case when it is a person of less than sixteen years of age, who has been transferred or held uninjured in violation of a right of custody or custody effectively exercised at the time of the event at the time of his habitual residence. The judgment shall order the request for the requesting State to be given in Article 17 of this Law, if it is appropriate. The costs of restitution shall be borne by the actor or in his case by the requesting State.
. Secure restitution.-The Tribunal may not refuse the return of a person of less than 18 years of age on the basis of the provisions of Article 13 of the Hague Convention on the Civil Aspects of the International Child Abduction approved by the Law No. 17.109, of 21 May 1999, and literalA b) of the article 11 of the Inter-American Convention on International Restitutionof Minors ratified by the Law No 17.335of 17 May 2001, if it is demonstrated that the appropriate measures have been taken to ensure the protection of the protection after the restoration.
ArtAculoA 23. -A If a period of greater than one year has elapsed between the date of the request or the demand for the return and the one of the subtractions or the data set, the return may also be ordered, according to the the circumstances of the case, except in the case where the person of less than 16 years of age has been integrated into his or her new environment and, in this case, only if, in the case of the Judge, the stay in the case is favourable to its priority interals. Otherwise, you can always order the return (article 18 of the Hague Convention on the Civil Aspects of the International Child Abduction Approved by the Law No. 17.109, of 21 May 1999, and by article 17 of the Inter-American Convention on the International Restituciation of Minors ratified by the Law No 17.335, ofMay 2001).
ArtAculoA 24. Impugnations.-You will be able to appeal the appeal only in the same way as the sentence that is available for the liminar rejection-in which case the appeal is not substance-and the final judgment.
In the second instance, it may be possible to convene a hearing or to dictate an advance decision; in this latter case, the time limit for deducting the resource of clarification and enlargement will be forty-eight hours, and it should be decided within forty-eight hours. hours.
Against the second instance statement, no other resource will be supported.
ArtAculoA 25. Visit.-The application that aims to make the right of visits by its holders effective in the cases provided for in the International Restitution Conventions, will follow the procedure established in this law.
The right of visits will include the right to take the person of less than one year of age, for a limited period of time, to another person other than that in which he has his habitual residence.
It is not a necessary requirement for the origin of the request for visits, in the framework of the International Conventions of Restituciance, the existence of a previous transfer or the ilAcytes, nor the existence of a regime of visits previously set.
ArtAculoA 26. -A the national court, required for its intervention, in the event of the existence of a visitation regime fixed in enforceable judgment or by convention approved judicially, may even modify that if necessary.
In the case of visits, in the exercise of their natural jurisdiction, in the absence of jurisdiction more than the maximum, and without prejudice to the original jurisdiction of the Judge of the State of habitual residence, whether or not he has refused the application for restitution or in cases where, having achieved the self-composition of the dispute, voluntary restitution is obtained.
Received the request or request, a transfer of six days will be completed and a hearing will be convened in which the judgment will be delivered.
It will be available to the visiting regime, always under the warning to the parties that the non-compliance will make the transfer or retention of ilAcytes, for the purposes established by the Hague Convention on the Civil Aspects of the International Child Abduction Approved by the Law No. 17.109, of 21 May 1999, and the Inter-American Convention on International Restituciation of Minors ratified by the Law No 17.335, ofMay 2001.
ArtAculoA 27. -A If not established, the process of visits shall consist of demand or request, regulated as applicable by the articles A 2Aº to 10 of this law. It shall be conducted with a transfer for six days to the person who has the circumstantial tenure of the person of less than 18 years of age.
The hearing will be convened where the conciliation will be held, the trial will be completed, the parties and the Ministry will be heard and the judgment will be handed down, with the articles 17 to 20 and 24 of this law being applied.
ArtAculoA 28. Direct judicial communications.-The Supreme Court of Justice shall appoint a Liaison Judge with the task of facilitating direct judicial communications on matters within the scope of the present law between the foreign courts and the national courts.
The consultations may be recAprocs, will be held by the Liaison Judge and will be put on record in the respective files, with communication to the parties.
A A A A A Sala de Sessions de la CA ¡ mara de Reps, in Montevideo, a 11 de abril de 2012.
CA-mplase, acorsese recibo, comunAquese, publáquese e insatirtese en el Registro Nacional de Leís y Decretos, la Ley por la que se estabiente un proceso de restitucionar de personas menos de nineteen aA ± os transfered o reclacító ilAciamente.
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 Montevideo, Uruguay. Legislative Power. |
