Article 26
Each Central Authority shall bear its own costs in applying this Convention.
Central Authorities and other public services of Contracting States shall not impose any charges in
relation to applications submitted under this Convention. In particular, they may not require any payment
from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising
from the participation of legal counsel or advisers. However, they may require the payment of the
expenses incurred or to be incurred in implementing the return of the child.
However, a Contracting State may, by making a reservation in accordance with Article 42, declare that
it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the
participation of legal counsel or advisers or from court proceedings, except insofar as those costs may
be covered by its system of legal aid and advice.
Upon ordering the return of a child or issuing an order concerning rights of access under this Convention,
the judicial or administrative authorities may, where appropriate, direct the person who removed or
retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred
by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for
locating the child, the costs of legal representation of the applicant, and those of returning the child.
Article 27
When it is manifest that the requirements of this Convention are not fulfilled or that the application is
otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the
Central Authority shall forthwith inform the applicant or the Central Authority through which the
application was submitted, as the case may be, of its reasons.
Article 28
A Central Authority may require that the application be accompanied by a written authorisation
empowering it to act on behalf of the applicant, or to designate a representative so to act.
Article 29
This Convention shall not preclude any person, institution or body who claims that there has been a
breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the
judicial or administrative authorities of a Contracting State, whether or not under the provisions of this
Convention.
Article 30
Any application submitted to the Central Authorities or directly to the judicial or administrative authorities
of a Contracting State in accordance with the terms of this Convention, together with documents and
any other information appended thereto or provided by a Central Authority, shall be admissible in the
courts or administrative authorities of the Contracting States.
Article 31
In relation to a State which in matters of custody of children has two or more systems of law applicable
in different territorial units –
a)
any reference to habitual residence in that State shall be construed as referring to habitual
residence in a territorial unit of that State;
b)
any reference to the law of the State of habitual residence shall be construed as referring to the
law of the territorial unit in that State where the child habitually resides.