HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW *
Part 1: International Child Abduction
Part 2: Member States
Go there for flags and addresses!
ON THE CIVIL
Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,
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,
Have resolved to conclude a
Convention to this
effect, and have agreed upon the following provisions –
CHAPTER I – SCOPE OF THE CONVENTION
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
Contracting States shall take all
measures to secure within their territories the implementation of the
of the Convention. For this purpose they shall use the most expeditious
The removal or the retention of a child is to be considered wrongful where –
a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; andThe rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
The Convention shall apply to any
child who was
habitually resident in a Contracting State immediately before any
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;
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 organizations shall be
to appoint more than one Central Authority and to specify the
extent of their powers. Where a State has appointed more than one
Authority, it shall designate the Central Authority to which
may be addressed for transmission to the appropriate Central Authority
within that State.
Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective State 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 –
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 –
a) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
If the Central Authority which
receives an application
referred to in Article 8 has reason to believe that the child is in
Contracting State, it shall directly and without delay transmit the
to the Central Authority of that Contracting State and inform the
Central Authority, or the applicant, as the case may be.
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.
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.
If the judicial or administrative
has not reached a decision within six weeks from the date of
of the proceedings, the applicant or the Central Authority of the
State, on its own initiative or if asked by the Central Authority of
requesting State, shall have the right to request a statement of the
for the delay. If a reply is received by the Central Authority of the
State, that Authority shall transmit the reply to the Central Authority
of the requesting State, or to the applicant, as the case may be.
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
in the requested State has reason to believe that the child has been
to another State, it may stay the proceedings or dismiss the
for the return of the child.
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; orThe 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
account the information relating to the social background of the child
provided by the Central Authority or other competent authority of the
In ascertaining whether there has
been a wrongful
removal or retention within the meaning of Article 3, the judicial or
authorities of the requested State may take notice directly of the law
of, and of judicial or administrative decisions, formally recognized or
not in the State of the habitual residence of the child, without
to the specific procedures for the proof of that law or for the
of foreign decisions which would otherwise be applicable.
The judicial or administrative
a Contracting State may, prior to the making of an order for the return
of the child, request that the applicant obtain from the authorities of
the State of the habitual residence of the child a decision or other
that the removal or retention was wrongful within the meaning of
3 of the Convention, where such a decision or determination may be
in that State. The Central Authorities of the Contracting States shall
so far as practicable assist applicants to obtain such a decision or
After receiving notice of a wrongful
retention of a child in the sense of Article 3, the judicial or
authorities of the Contracting State to which the child has been
or in which it has been retained shall not decide on the merits of
of custody until it has been determined that the child is not to be
under this Convention or unless an application under this Convention is
not lodged within a reasonable time following receipt of the notice.
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
but the judicial or administrative authorities of the requested State
take account of the reasons for that decision in applying this
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.
A decision under this Convention
return of the child shall not be taken to be a determination on the
of any custody issue.
The return of the child under the
Article 12 may be refused if this would not be permitted by the
principles of the requested State relating to the protection of human
and fundamental freedoms.
CHAPTER IV – RIGHTS OF ACCESS
An application to make arrangements for organizing 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
with a view to organizing or protecting these rights and securing
for the conditions to which the exercise of these rights may be subject.
CHAPTER V – GENERAL PROVISIONS
No security, bond or deposit,
shall be required to guarantee the payment of costs and expenses in the
judicial or administrative proceedings falling within the scope of this
No legalization or similar formality
may be required
in the context of this Convention.
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
reservation in accordance with Article 42, object to the use of either
French or English, but not both, in any application, communication or
document sent to its Central Authority.
Nationals of the Contracting States
who are habitually resident within those States shall be entitled in
concerned with the application of this Convention to legal aid and
in any other Contracting State on the same conditions as if they
were nationals of and habitually resident in that State.
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
an order concerning rights of access under this Convention, the
or administrative authorities may, where appropriate, direct the person
who removed or retained the child, or who prevented the exercise of
of access, to pay necessary expenses incurred by or on behalf of the
including travel expenses, any costs incurred or payments made for
the child, the costs of legal representation of the applicant, and
of returning the child.
When it is manifest that the
requirements of this
Convention are not fulfilled or that the application is otherwise not
founded, a Central Authority is not bound to accept the application. In
that case, the Central Authority shall forthwith inform the applicant
the Central Authority through which the application was submitted, as
case may be, of its reasons.
A Central Authority may require that
be accompanied by a written authorization empowering it to act on
of the applicant, or to designate a representative so to act.
This Convention shall not preclude
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
to the judicial or administrative authorities of a Contracting State,
or not under the provisions of this Convention.
Any application submitted to the
or directly to the judicial or administrative authorities of a
State in accordance with the terms of this Convention, together with
and any other information appended thereto or provided by a Central
shall be admissible in the courts or administrative authorities of the
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;
In relation to a State which in
matters of custody
of children has two or more systems of law applicable to different
of persons, any reference to the law of that State shall be construed
referring to the legal system specified by the law of that State.
A State within which different
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
law would not be bound to do so.
This Convention shall take priority
within its scope over the Convention of 5 October 1961 concerning the
of authorities and the law applicable in respect of the protection of
as between parties to both Conventions. Otherwise the present
shall not restrict the application of an international instrument in
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 organizing access rights.
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
39 or 40, the reference in the preceding paragraph to a Contracting
shall be taken to refer to the territorial unit or units in relation to
which this Convention applies.
Nothing in this Convention shall
prevent two or
more Contracting States, in order to limit the restrictions to which
return of the child may be subject, from agreeing among themselves to
from any provisions of this Convention which may imply such a
CHAPTER VI – FINAL CLAUSES
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
the instruments of ratification, acceptance or approval shall be
with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Any other State may accede to the Convention.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.
The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.
The Convention will enter into force
the acceding State and the State that has declared its acceptance of
accession on the first day of the third calendar month after the
of the declaration of acceptance.
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
shall be notified to the Ministry of Foreign Affairs of the Kingdom of
If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Any such declaration shall be
notified to the
Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall
state expressly the territorial units to which the Convention applies.
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
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.
Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.
Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The reservation shall cease to have
the first day of the third calendar month after the notification
to in the preceding paragraph.
The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.
Thereafter the Convention shall enter into force –
(1) for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;
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
the other Contracting States.
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;
Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.
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The following 47 States are Members of the Hague Conference
MEMBER STATES NATIONAL ORGANS
Ministry of Foreign Relations
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