ARTICLE 1 - 20 October 1997, signed in Strasbourg "Recognition of Decisions concerning Custody of Children and the European Convention on custody of the children with Restoring Enforcement" has been used in the validation of. Article 2 - This Law shall enter into force on the date of publication. Article 3 - This Law shall be enforced by the Council of Ministers.
1. Each State Party shall appoint a central authority to carry out the tasks provided for in this Agreement.
2. Federal States and States where more than one legal system in force, authorities said they have the authority to appoint more than one central authority. 3. Any appointment made under this article shall be notified to the Secretary General of the Council of Europe.
1. States Parties central authorities should encourage consultations between the competent authorities of the country should cooperate. These authorities should act expeditiously necessary.
a) the legal and actual cases related to cases that keep coming from the authorities and provide the information requested succession of müteda. b) shall communicate with each other on legislation relating to children's custody request amendments to this legislation.
c) the implementation of the Agreement shall inform each other about the difficulties that may arise due to the elimination of obstacles and practices against, the extent of their effort all the amenities.
1. In one of the States Parties, the child must have obtained a decision on the custody and every person who wants another State in the recognition or enforcement of this resolution, to this end, the parties authority of any other state in the center, you can apply with a petition.
2 are required to contain the documents cited in the application of Article 13. 3. Apply the central authorities, in case of another as part of the State's central authorities on request, the documents will be delivered immediately and directly to the State.
4. Apply the central authorities, whether the fulfillment of the conditions required in this Agreement clearly if a particular may reject the initiative.
5. Apply the central authorities, the applicants, gives immediate information about the outcome of his request.
all the measures it deems appropriate, take as soon as possible, if necessary, by application to the competent authorities of the country or care.
2. central authority of the State in the current request, if you believe in the territory of another State party's child, office documents such State of the center, transport them directly and immediately. 3. States Parties, except for the costs of returning the applicants, on its behalf, the state central authority unless under the first paragraph of this article, court costs and including if necessary, legal fees, to the measures taken, undertake the absence of any request for payment.
a) The state central authority of the requested outgoing correspondence, written in one of the state's official language or official languages ​​or contains the translation in those languages.
b) However, the central authorities of the current state of demand, were French or English is required to accept items or correspondence containing the translation in one of these languages.
2. resulting from the current state central authorities on request, all correspondence, including the results of the investigation, the State may be the official language or languages ​​or in one of the French or English written.
A decision on custody given in a Contracting State which is recognized in any other Contracting State and the State kabili be executed unless it is enforcement.
Tevessül child will be given back immediately.
In iii) it is based on the habitual residence of the child.
2. Recognition and enforcement since they take unfair if that was requested in six months, if a request has not been made without any central authority also apply the provisions of the first paragraph of this article.
3. The decision, by any means, not an examination of the merits.
d) The decision should require the requested State need a third State given and recognition can be brought a decision instead of the current State in demand and is not consistent due to a previous case in application fulfillment and denial of the child's interests, if appropriate.
c) Another decision relating to custody of the child, if any lawsuits or other litigation matters fulfill the poses on the recognition of the decision.
1. Private or Personal relationships provision for the right to build personal relationships and custody decisions pertaining to decisions on establishment are recognized under the same conditions as other decisions relating to custody and is enforcement.
This Agreement, on the date the child is taken across an international border, given in relation to the custody of a Contracting State, kabili execution if a decision on it, then the child is taken for custody of a given Contracting State at the request of any person concerned and determine that it is unfair of conveying the same time a also apply to the decision.
2. The above-mentioned documents, if possible, the rules referred to in Article 6 is necessary to add a suitable translation.
Each Contracting State, recognition and enforcement of decisions relating to child custody matters applies a simple procedure and series. This demand enables enforcement purposes can be constructed with a simple application.
b) may request that the investigation be necessary, can be seen.
2. The inquiry made in a State Party belongs to the State in which the costs of the investigation. 3. requests and results of the investigation, the relevant authorities, it may be submitted through the central authorities.
This can not be asked any legalization or similar formality terms of the contract.
States Parties may make a reservation in their path and be bound by the provisions of Article 12. The provisions of the present Convention, States parties put these reservations given, applicable decisions referred to in Article 12.
This Convention does not exclude the possibility to rely on an international document or the requested State of any other legislation stemming from an international agreement in force between a decision of recognition or respect to ensure enforcement origin of the requested State to State.
1. The present Convention, a State party, a party against the State does not eliminate the obligation arising from an international document on this subject organized by the Convention.
This Convention is open for signature by the member States of the Council of Europe. Contract ratification, acceptance or approval shall be submitted. Ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
1. The present Convention, the Council of Europe Member Three State, the provisions of Article 21 to appropriate the first day of the month following the date of reporting the accaptance about connecting with the contract to the end of a period of three months shall enter into force.
2. Convention for the State to notify the accaptance on connecting later, ratification, acceptance or approval of the first day of the month following the expiration of a period of three months from the date of such deposit shall enter into force.
1. After the entry into force of the Convention, the Council of Europe Committee of Ministers, a state of non-Council members, status 20 (d) of the proposed majority and Convention, including the State of the right to be included in the Committee of State for a decision to be taken by consensus of the representatives can call to join the Convention.
1. Each State, the time of signature or ratification, acceptance or participation certificates of deposit instantly, you can specify the territory or territories to implement the Agreement.
2. Each State, later, by a declaration addressed to the Secretary General, this implementation of the Convention may extend to any other territory specified in the declaration. Contracts for the region concerned, declare the first day of the month following the expiration of a period of three months from the date of receipt by the Secretary General shall enter into force.
3. Any declaration made under the two preceding paragraphs, the Secretary-General will be tebligatl the retractable terms of territory specified in the declaration. The withdrawal, the first day of the month following the date of receipt by the Secretary-General's statement to end a period of six months will be effective.
1. Child Custody and the recognition and enforcement of decisions relating to custody which applies to the separate legal systems of two or approval of a State with more territorial units, acceptance, depositing its instrument of acceptance, approval or accession, this Agreement may declare that it will apply to all or several of these territorial units. 2. The State, then a declaration to be made at any time to the Secretary General of the Council of Europe, the implementation of this Agreement may be extended to any other territorial unit specified in the declaration. Convention for the land unit, declare the first day of the month following the expiration of a period of three months from the date of receipt by the Secretary General shall enter into force.
a) A person's habitual residence or nationality of the law, referring to the State enacted or his appointed by the legal system of rules, in the absence of rules such as this person should be perceived as a reference to find the legal system in the most intimate relationships.
b) The State of origin or the requested state, referring to the case, given that the decision of the territorial unit or a decision of recognition or fulfillment or custody of the re-establishment of the territorial units should be perceived as requested.
2. This Article 1 paragraph (a) shall, in kabili States with two or more legal systems applicable in matters relating to custody, "mutatis mutandis" is applied.
1. Each State, signature or when ratification, when depositing its instrument of acceptance, approval or accession, this Agreement, in the third paragraph of Article 6, Article 17 and may declare one or more of the reservations contained in Article 18. It does not accept any other way pull.
2. States parties that have declared a reservation under the preceding paragraph, this drawback by giving notice to the Secretary General of the Council of Europe, can be completely or partially removed. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.
1. The Parties shall, by giving notice to the Secretary General of the Council of Europe may terminate this Agreement at any time. 2. Denunciation shall be notified on the first day of the month following the expiration of a period of six months from the receipt by the Secretary General become effective.
Authorities, the undersigned, have signed this Agreement. Luxembourg on 20 May 1980, in French and English, both texts being equally valid, was issued as birtek archive copy will be delivered to the European Council. Council of Europe Secretary General of the Council of Europe Member States and each of the States shall transmit a certified copies invited to accede to this Convention.