Convention on Civil Law Aspects of International Child Abduction

[Титаренко Олеся Валерьевна]

Convention on the Civil Aspects of International Child Abduction.

For the Russian Federation, the Convention entered into force on 01.10.2011.

At the same time, several dozens of countries recognized the accession of the Russian Federation to the Convention (which means its entry into force for bilateral relations) (the dates from which it comes into force for the Russia-country couple are indicated):

Austria 01/08/17, Andorra 01/08/13, Argentina 01/12/11, Armenia 01/08/13, Belarus 01/05/14, Bosnia and Herzegovina 01/02/14, Brazil 01/09/13 , Bulgaria 01/08/13, United Kingdom (including overseas possessions) 01/07/16, Hungary 01/01/2017, Venezuela 02/01/2015, Guinea 04/01/2016, Germany 01/06/16, Greece 01 / 01/12, Israel 01/03/12, Iraq 01/04/2016, Ireland 01/07/13, Spain 01/03/13, Kazakhstan 04/01/2016, Cyprus 01/09/2016, China 01 / 03/12, China (Hong Kong) 01/02/14, Colombia 01/04/12, Republic of Korea 01/10/2013, Latvia 06/01/2017, Lesotho 01/04/2016, Lithuania 01/06/13, Luxembourg 01/08/2016, Malta 09/09/2016, Mexico 01/11/13, Moldova 01/01/14, Netherlands 01/06/16, Nicaragua 01/09/13, New Zealand 01/02/12, Paraguay 01/04/14, Poland 01/09/2016, Portugal 01/08/2016, Peru 01/05/15, Romania 01/06/13, Salvador 01/08/13, Serbia 01/06/13, Seychelles 01/06/13, Slovakia 01/04/13, Slovenia 01/01/13, Turkey 01/08/2017, Uzbekistan 01/03/12, Ukraine 01/06/12, Finland 01/01/13, France 01 / 01/12, Horvath Oia 01/06/12, Montenegro 01/02/2017, Czech Republic 01/06/12, Chile 01/10/13, Switzerland 01/06/15, Sweden 01/09/2016, Estonia 01/12/11, South Africa 01/05/16, Japan 01/04/14

On the application within the Russian Federation adopted the Federal Law of 05.05.2014, No. 126-FZ “On Amending Certain Legislative Acts of the Russian Federation in Connection with the Accession of the Russian Federation to the Convention on Civil Law Aspects of International Child Abduction”


CONVENTION
ON CIVIL LEGAL ASPECTS
International Child Abduction

(The Hague, October 25, 1980)

The States Parties to this Convention, firmly convinced that the interests of children are a matter of paramount importance in matters relating to custody of them,
Desiring to protect children internationally from the harmful effects of their illegal movement or detention and to establish procedures to ensure their immediate return to their country of permanent residence, as well as to protect access rights,
decided to conclude the Convention for this purpose and agreed on the following provisions:

Chapter I. SCOPE OF THE CONVENTION

Article 1

The objectives of this Convention are:
a) ensuring the prompt return of children illegally displaced to any of the Contracting States or held in any of the Contracting States; and
b) ensuring that the custody and access rights provided for by the laws of one Contracting State are effectively respected in the other Contracting States.

Article 2

Contracting States shall take all appropriate measures to ensure the achievement of the objectives of the Convention in their territories. To do this, they use the fastest procedures available to them.

Section 3

The transfer or retention of a child is considered illegal if:
a) they are carried out in violation of the custody rights granted to any person, institution or other organization, jointly or individually, in accordance with the laws of the state in which the child resided permanently until his or her removal or retention; and
b) during the transfer or retention, these rights were effectively exercised, jointly or individually, or would have been exercised if the transfer or retention had not occurred.
The custody rights referred to in paragraph "a" may arise, in particular, in accordance with the law, either on the basis of a judicial or administrative decision, or on the basis of an agreement entailing legal consequences under the laws of that state.

Section 4

The Convention applies to any child who has resided permanently in a Contracting State immediately before the violation of custody or access rights. The application of the Convention ceases when the child reaches the age of 16 years.

Section 5

For the purposes of this Convention:
(a) “custody rights” include rights relating to the care of the identity of the child, and in particular the right to determine the child’s place of residence;
b) “access rights” include the right to take a child for a limited period of time to a place other than his place of permanent residence.

Chapter II CENTRAL AUTHORITIES

Section 6

A Contracting State shall designate a Central Authority to carry out the duties that are imposed on such bodies by the Convention.
Federal states, states that have several legal systems, or states that have autonomous territorial units, can appoint several Central authorities and establish the territorial limits of their authority. If a state has designated several Central Authorities, it must designate a Central Authority to which applications may be sent for transmission to the relevant Central Authority within that State.

Section 7

Central authorities shall co-operate with each other and facilitate co-operation between the competent authorities in their respective states to ensure the speedy return of children and to achieve other objectives of this Convention.
In particular, they directly or through an intermediary take all necessary measures in order to:
a) find the whereabouts of a child who is illegally moved or held;
b) prevent further harm to the child or damage to interested parties by taking preliminary measures or ensuring the adoption thereof;
(c) Ensure the voluntary return of the child or facilitate the peaceful settlement of disputes;
d) exchange, if necessary, information regarding the social status of the child;
e) provide general information on the legislation of their state regarding the application of the Convention;
f) initiate or facilitate the initiation of judicial or administrative procedures in order to secure the return of the child and, if necessary, take measures to organize or ensure the effective exercise of access rights;
g) provide or facilitate, as circumstances warrant, legal assistance and advice, including the participation of a lawyer and counsel;
h) provide for such administrative measures as are necessary and appropriate to ensure the safe return of the child;
i) inform each other regarding the implementation of the Convention and, as far as possible, remove obstacles to its application.

Chapter III. RETURN OF CHILDREN

Section 8

Any person, institution or other organization claiming that a child has been displaced or is being held in violation of guardianship rights may apply either to the Central Authority at the place of permanent residence of the child, or to the Central Authority of any other Contracting State for assistance in ensuring the return of the child.
The application must indicate:
(a) Information about the identity of the applicant, the child and the person allegedly abducting or holding the child;
b) the date of birth of the child, if such information is available;
c) the circumstances on which the applicant's claim for the return of the child is based;
d) all available information regarding the whereabouts of the child and the identity of the person with whom the child is supposedly located.
The following may be attached to the application:
e) a certified copy of any relevant decision or agreement;
f) a sworn certificate or affidavit emanating from the Central Authority or other competent authority of the state of the child's permanent residence, or from an authorized person regarding relevant legislation of that state;
g) any other relevant document.

Section 9

If the Central Authority having received the declaration provided for in Article 8 has reason to believe that the child is in the other Contracting State, he shall immediately and immediately send this application to the Central Authority of that Contracting State and inform the requesting Central Authority or applicant, as the case may be.

Section 10

The central authority of the state in which the child is located is required to take or ensure that all appropriate measures are taken for the voluntary return of the child.

Section 11

The judicial or administrative authorities of the Contracting States must take urgent measures to return the children.
If the relevant judicial or administrative authority has not made a decision within six weeks from the day the procedures were started, the applicant or the Central authority of the requested state, on its own initiative or at the request of the Central authority of the requesting state, has the right to demand an explanation of the reasons for the delay. If a response is received by the Central Authority of the requested State, that authority shall forward the response to the Central Authority of the requesting State or to the applicant, as the case may be.

Section 12

If a child is illegally displaced or detained in accordance with Article 3 and at the time of the commencement of proceedings in the judicial or administrative authority of the Contracting State in which the child is located, less than one year has passed since the day of the illegal movement or detention of the child, this authority shall order the child to be returned immediately.
Even if the procedures began after the expiration of the period of one year specified in the previous paragraph, the judicial or administrative authority is also obliged to order the child to be returned, unless it is proved that the child has adapted to the new environment.
If the judicial or administrative authority of the requested state has reason to believe that the child has been relocated to another state, this authority may suspend the procedure or reject the application for the return of the child.

Section 13

Notwithstanding the provisions of the preceding article, the judicial or administrative authority of the requested State is not required to order the return of the child if a person, institution or other organization opposing his return proves that:
a) the person, institution or other organization caring for the child, in fact, did not exercise their custody rights at the time of moving or holding the child or consented to its movement or retention or subsequently did not object to those; or
b) there is a very serious risk that the return of the child will create a threat of physical or psychological harm to him or otherwise put him in unbearable conditions.
The judicial or administrative authority may also refuse to return the child if it concludes that the child objects to the return and has already reached an age and degree of maturity at which his opinion should be taken into account.
When considering the circumstances referred to in this article, the judicial and administrative authorities shall take into account information relating to the social status of the child provided by the Central Authority or other competent authority of the state of the child’s permanent residence.

Section 14

When ascertaining whether there has been an unlawful movement or detention of a child in accordance with Article 3, the judicial or administrative authorities of the requested State may directly take into account legislation and judicial or administrative decisions recognized and not officially recognized in the state of the child's full residence resorting to special procedures to confirm the validity of this legislation or the recognition of foreign decisions that otherwise would have to be applied.

Section 15

The judicial or administrative authorities of a Contracting State may, before issuing an order for the return of the child, require the applicant to obtain a decision or determination from the authorities of the state of the child’s permanent home confirming that the removal or retention of the child was unlawful in accordance with article 3 of the Convention, if such a decision or determination be received in this state. To the extent possible, the central authorities of the Contracting States are obligated to assist the applicants in obtaining such a decision or determination.

Section 16

Upon receipt of a notice of the unlawful transfer or detention of a child in accordance with Article 3, the judicial or administrative authorities of the Contracting State to which the child was moved or held shall not make decisions regarding custody rights until it is established that the child is not to be returned to in accordance with this Convention or if, within a reasonable time after receiving this notice, an application has been filed for the return of the child in accordance with this Convention.

Section 17

The fact that a custody decision has already been made in the requested state or that such a decision can be recognized in the specified state does not in itself constitute grounds for refusing to return the child under this Convention, however, the judicial or administrative authorities of the requested state, when applying this Convention may take into account the reasons for making such a decision.

Section 18

The provisions of this chapter do not limit the authority of a judicial or administrative authority to order the return of a child at any time.

Section 19

The decision to return the child, taken in accordance with this Convention, does not affect the substance of any custody issue.

Section 20

The return of the child in accordance with the provisions of article 12 may be refused if this is contrary to the fundamental principles of the requested State regarding the protection of human rights and fundamental freedoms.

Chapter IV ACCESS RIGHTS

Section 21

An application for organizing or ensuring the effective exercise of access rights may be submitted to the Central Authorities of the Contracting States in the same way as an application for the return of a child.
Central authorities are bound by the co-operation obligations set forth in article 7 with the aim of promoting the peaceful enjoyment of access rights and the fulfillment of all conditions on which the exercise of these rights depends. Central authorities take measures to remove, as far as possible, all obstacles to the exercise of such rights.
Central authorities, directly or through intermediaries, can initiate or facilitate the initiation of procedures to organize or protect these rights and ensure compliance with the conditions on which the exercise of these rights may depend.

Chapter V. GENERAL PROVISIONS

Section 22

In order to guarantee payment of costs and expenses associated with the implementation of judicial or administrative procedures falling within the scope of this Convention, no collateral or other security is required.

Section 23

In the context of this Convention, no legalization or other similar formality is required.

Section 24

Any statement, message or other document sent to the Central Authority of the requested state is drawn up in the original language and is accompanied by a translation into the official language or one of the official languages of the requested state or, if this is not possible, into French or English.
However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of French or English, but not both of these languages, in a declaration, communication or other document addressed to its Central Authority.

Section 25

Citizens of Contracting States and persons permanently residing in the territory of these States shall have the right to legal assistance and advice on matters related to the application of this Convention in any other Contracting State on the same conditions as if they themselves were citizens of that State or permanently lived on its territory.

Section 26

Each Central Authority shall independently bear the costs of applying this Convention.
The central authorities and other public services of the Contracting States do not charge in connection with declarations submitted in accordance with this Convention. In particular, they are not entitled to require the applicant to pay the costs and expenses associated with the implementation of the procedures or, as appropriate, with the participation of a lawyer or advisers. However, they have the right to demand payment of the expenses incurred or expenses that will need to be borne in connection with ensuring the return of the child.
However, a Contracting State may, having made a reservation in accordance with Article 42, declare that it is not obligated to bear any of the costs referred to in the previous paragraph related to the participation in the case of a lawyer or advisers or the implementation of judicial procedures, except for those costs that may be reimbursed by his legal aid and consultation system.
Following the issuance of an order for the return of the child or a precept regarding access rights, in accordance with this Convention, the judicial or administrative authorities may, if necessary, oblige the person who has moved or detained the child or who has prevented the exercise of access rights to pay the necessary costs incurred by or on behalf of the applicant the applicant, including travel expenses, expenses associated with establishing the whereabouts of the child, expenses associated with the legal representation of the applicant, and expenses for returning the child

Section 27

If it is obvious that the requirements of this Convention are not complied with or the declaration is not sufficiently substantiated, the Central Authority is not obliged to accept such a declaration. In this case, the Central Authority shall immediately inform the applicant or the Central Authority through which the application was submitted, as the case may be, of the reasons for the refusal.

Section 28

The central authority may require that a written power of attorney be attached to the application, giving it the right to act on behalf of the applicant or the right to appoint a representative for this.

Section 29

This Convention shall not prevent any person, institution or other organization which claims that there has been a violation of custody or access rights in accordance with Articles 3 and 21, to apply directly to the judicial or administrative authorities of a Contracting State, as in accordance with the provisions of this Convention, without resorting to them.

Section 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 to it or provided by the Central Authority, shall be accepted by the courts or administrative authorities of the Contracting States.

Section 31

In relation to a state having two or more legal systems in matters of custody of children, applied in various territorial units:
1) any indication of the place of permanent residence in such a state shall be interpreted as referring to the place of permanent residence in the territorial unit of that state;
2) any reference to the law of such a state shall be interpreted as referring to the law in force in the relevant territorial unit of that state where the child resides permanently.

Section 32

In relation to a state that has two or more legal systems applicable to various categories of persons in matters of child custody, any reference to the law of such a state shall be interpreted as referring to the legal system defined by the law of such a state.

Section 33

A state in which different territorial units have their own legal rules regarding custody of children is not required to apply this Convention if a state with a unified legal system would not be required to do so.

Section 34

This Convention takes precedence over matters falling within the scope of its application over the Convention concerning the powers of authorities and applicable law regarding the protection of minors of 5 October 1961, in relations between the parties to both Conventions. This Convention does not limit the use of other international instruments in force between the state of origin and the requested state or other legislation of the requested state for the purpose of returning an illegally displaced or detained child or for ensuring access rights.

Section 35

This Convention shall apply between Contracting States only with respect to unlawful movements or deductions that have occurred since its entry into force in those States.
If a declaration has been made in accordance with Articles 39 and 40, the reference in the previous paragraph to a Contracting State shall be understood as referring to the territorial unit or units to which this Convention applies.

Section 36

Nothing in this Convention shall prevent two or more Contracting States from agreeing among themselves in order to reduce the number of restrictions on which the return of a child may depend on the non-application of any provisions of this Convention that may entail such a restriction.

Chapter VI. FINAL PROVISIONS

Section 37

This Convention is open for signature by the States that were members of the Hague Conference on Private International Law at the time of its fourteenth session.
It is subject to ratification, acceptance or approval, and instruments of ratification, acceptance or approval are deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Section 38

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 the instrument of accession.
Accession will only be effective in relations between the acceding state and those Contracting States that declare their recognition of accession. Such a declaration must also be made by the State party ratifying, accepting or approving the Convention after accession. Such a declaration shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands; the designated Ministry shall send a certified copy to each Contracting State through diplomatic channels.
The Convention shall enter into force between the acceding state and the state that has declared its recognition of accession on the first day of the third calendar month after the deposit of the application for recognition.

Section 39

At the time of signing, ratification, acceptance, approval or accession, any state may declare that the Convention applies to all territories for whose international relations it is responsible, or to one or more of them. Such a declaration shall enter into force on the date of entry into force of the Convention for that State.
Such a declaration, as well as any subsequent extension of the scope, is notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Section 40

If a Contracting State has two or more territorial units in which different legal systems are applied in relation to matters governed by this Convention, this State may, upon signing, ratification, acceptance, approval or accession, declare that this Convention applies to all its territorial units or only to one or more of them, and may change this statement by submitting a new statement at any time.
The Ministry of Foreign Affairs of the Kingdom of the Netherlands is notified of each such declaration and the territorial units to which the Convention applies must be clearly indicated in this statement.

Section 41

If a Contracting State has a form of government in which executive, judicial and legislative powers are divided between central and other authorities within that State, the signing, ratification, acceptance or approval, or accession to this Convention, or a declaration under Article 40 has no effect in relation to the internal distribution of powers in such a state.

Section 42

Any State may, at the latest at the time of ratification, acceptance, approval or accession, or during a declaration under Articles 39 or 40, make one or both of the reservations provided for in Article 24 and in the third paragraph of Article 26. No other reservations are permitted.
Any State may at any time withdraw a reservation it has made. The withdrawal is notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The reservation shall expire on the first day of the third calendar month after the notification referred to in the previous paragraph.

Section 43

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 provided for in Articles 37 and 38.
After that, the Convention shall enter into force:
1) for each state ratifying, accepting, approving or joining subsequently, on the first day of the third calendar month after the deposit of the instrument of ratification, acceptance, approval or accession;
2) for the territory or territorial unit to which the Convention has been extended in accordance with Articles 39 or 40, on the first day of the third calendar month after the notification provided for by the said articles.

Section 44

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, including for States that have ratified, accepted, approved or acceded to it subsequently.
The Convention shall automatically renew every five years if it has not been denounced.
Notification of any denunciation shall be sent to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiration of the five-year period. It may be limited to certain territories or territorial units to which the Convention applies.
Denunciation shall be effective only with respect to the state that has notified it. The Convention shall remain in force for other Contracting States.

Section 45

The Ministry of Foreign Affairs of the Kingdom of the Netherlands notifies the states that are members of the Hague Conference on Private International Law and the states that have acceded in accordance with Article 38 of the following:
1) on the signature, ratification, acceptance and approval referred to in Article 37;
Consultant Plus: note.
Apparently, a typo was made in the text of the document during translation: instead of “article 48”, “article 38” should be read.
2) on accession referred to in Section 48;
3) the date of entry into force of the Convention in accordance with Article 43;
4) to expand the scope in accordance with Article 39;
5) the declarations referred to in Articles 38 and 40;
6) the reservations referred to in Section 24 and the third paragraph of Section 26, as well as their withdrawal referred to in Section 42;
7) the denunciation referred to in Section 44.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.

Done at The Hague on October 25, 1980, in English and French, 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, a certified copy thereof shall be sent through diplomatic channels to each State that is a member of the Hague Conference on International private law at the date of its fourteenth session.

(Signatures)





HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

CONVENTION
ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION

(Hague, 25.X. 1980)

The States signatory to the present Convention,
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

Article 1

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.

Article 2

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.

Article 3

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; and
b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
The 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.

Article 4

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.

Article 5

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.

Chapter II. CENTRAL AUTHORITIES

Article 6

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 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.

Article 7

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 -
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 organizing 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.

Chapter III. RETURN OF CHILDREN

Article 8

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;
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
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.

Article 14

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 recognized 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.

Article 15

The judicial or administrative authorities of 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 determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.

Article 16

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.

Article 17

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.

Article 18

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.

Article 19

A decision under this Convention regarding the return of the child shall not be taken to be a determination on the merits of any custody issue.

Article 20

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.

Chapter IV. RIGHTS OF ACCESS

Article 21

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 proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.

Chapter V. GENERAL PROVISIONS

Article 22

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.

Article 23

No legalization or similar formality may be required in the context of this Convention.

Article 24

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.

Article 25

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.

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 authorization 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.

Article 32

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 .

Article 33

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.

Article 34

This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 regarding 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 organizing access rights.

Article 35

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.

Article 36

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.

Chapter VI. FINAL CLAUSES

Article 37

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.

Article 38

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 as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.

Article 39

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.

Article 40

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 shallow state expressly the territorial units to which the Convention applies.

Article 41

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.

Article 42

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 effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 43

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;
(2) for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.

Article 44

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.

Article 45

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.
In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.

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.