Article 4
The Convention shall apply to any child who was habitually resident in a Contracting State immediately
before any breach of custody or access rights. The Convention shall cease to apply when the child
attains the age of 16 years.
Article 5
For the purposes of this Convention –
a)
"rights of custody" shall include rights relating to the care of the person of the child and, in
particular, the right to determine the child's place of residence;
b)
"rights of access" shall include the right to take a child for a limited period of time to a place other
than the child's habitual residence.
CHAPTER II – CENTRAL AUTHORITIES
Article 6
A Contracting State shall designate a Central Authority to discharge the duties which are imposed by
the Convention upon such authorities.
Federal States, States with more than one system of law or States having autonomous territorial
organisations shall be free to appoint more than one Central Authority and to specify the territorial extent
of their powers. Where a State has appointed more than one Central Authority, it shall designate the
Central Authority to which applications may be addressed for transmission to the appropriate Central
Authority within that State.
Article 7
Central Authorities shall co-operate with each other and promote co-operation amongst the competent
authorities in their respective States to secure the prompt return of children and to achieve the other
objects of this Convention.
In particular, either directly or through any intermediary, they shall take all appropriate measures –
a)
to discover the whereabouts of a child who has been wrongfully removed or retained;
b)
to prevent further harm to the child or prejudice to interested parties by taking or causing to be
taken provisional measures;
c)
to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d)
to exchange, where desirable, information relating to the social background of the child;
e)
to provide information of a general character as to the law of their State in connection with the
application of the Convention;
f)
to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining
the return of the child and, in a proper case, to make arrangements for organising or securing the
effective exercise of rights of access;
g)
where the circumstances so require, to provide or facilitate the provision of legal aid and advice,
including the participation of legal counsel and advisers;
h)
to provide such administrative arrangements as may be necessary and appropriate to secure the
safe return of the child;
i)
to keep each other informed with respect to the operation of this Convention and, as far as
possible, to eliminate any obstacles to its application.
CHAPTER III – RETURN OF CHILDREN
Article 8
Any person, institution or other body claiming that a child has been removed or retained in breach of
custody rights may apply either to the Central Authority of the child's habitual residence or to the Central
Authority of any other Contracting State for assistance in securing the return of the child.
The application shall contain –