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Convention on the Civil Aspects of International Child Abduction
- Organe
- Conférence de la Haye de droit international privé
- Status juridique
- Juridiquement contraignant
- Type de document
- Traité international
- Année
- 1980
Document
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State. Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States. Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The objects of the present Convention are: a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and b) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. b
- Paragraph text
- Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access,
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. a
- Paragraph text
- Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The States signatory to the present Convention,
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 1980
Paragraphe
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- An application to make arrangements for organising or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child. The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights. The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organising or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.
- Status juridique
- Legally binding
- Organe
- Hague Conference on Private International Law
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 1980
Paragraphe