a)
information concerning the identity of the applicant, of the child and of the person alleged to have
removed or retained the child;
b)
where available, the date of birth of the child;
c)
the grounds on which the applicant's claim for return of the child is based;
d)
all available information relating to the whereabouts of the child and the identity of the person with
whom the child is presumed to be.
The application may be accompanied or supplemented by –
e)
an authenticated copy of any relevant decision or agreement;
f)
a certificate or an affidavit emanating from a Central Authority, or other competent authority of the
State of the child's habitual residence, or from a qualified person, concerning the relevant law of
that State;
g)
any other relevant document.
Article 9
If the Central Authority which receives an application referred to in Article 8 has reason to believe that
the child is in another Contracting State, it shall directly and without delay transmit the application to the
Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant,
as the case may be.
Article 10
The Central Authority of the State where the child is shall take or cause to be taken all appropriate
measures in order to obtain the voluntary return of the child.
Article 11
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for
the return of children.
If the judicial or administrative authority concerned has not reached a decision within six weeks from the
date of commencement of the proceedings, the applicant or the Central Authority of the requested State,
on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to
request a statement of the reasons for the delay. If a reply is received by the Central Authority of the
requested State, that Authority shall transmit the reply to the Central Authority of the requesting State,
or to the applicant, as the case may be.
Article 12
Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the
commencement of the proceedings before the judicial or administrative authority of the Contracting State
where the child is, a period of less than one year has elapsed from the date of the wrongful removal or
retention, the authority concerned shall order the return of the child forthwith.
The judicial or administrative authority, even where the proceedings have been commenced after the
expiration of the period of one year referred to in the preceding paragraph, shall also order the return of
the child, unless it is demonstrated that the child is now settled in its new environment.
Where the judicial or administrative authority in the requested State has reason to believe that the child
has been taken to another State, it may stay the proceedings or dismiss the application for the return of
the child.
Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the
requested State is not bound to order the return of the child if the person, institution or other body which
opposes its return establishes that –
a)
the person, institution or other body having the care of the person of the child was not actually
exercising the custody rights at the time of removal or retention, or had consented to or
subsequently acquiesced in the removal or retention; or