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Convention on the Civil Aspects of International Child Abduction
- Body
- Hague Conference on Private International Law
- Legal status
- Legally binding
- Document type
- International treaty
- Year
- 1980
- Date added
- Aug 19, 2019
Document
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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 b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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,
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
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 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.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following: (1) the signatures and ratifications, acceptances and approvals referred to in Article 37; (2) the accessions referred to in Article 38; (3) the date on which the Convention enters into force in accordance with Article 43; (4) the extensions referred to in Article 39; (5) the declarations referred to in Articles 38 and 40; (6) the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42; (7) the denunciations referred to in Article 44.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 1980
- Date added
- Aug 19, 2019
Paragraph