protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child's person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her.2. The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary.3. Each Contracting State shall designate the authorities competent to draw up the certificate.Article 41Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.Article 42The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.Article 43All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.Article 44Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.Article 451. The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of The Hague Conference on Private International Law.2. The declaration referred to in Article 34(2), shall be made to the depositary of the Convention.Article 46A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.Article 47In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units:1. any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;2. any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;3. any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;4. any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection;5. any reference to the State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;6. any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such a connection;7. any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;8. any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;9. any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;10. any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.Article 48For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply:(a) if there are rules in force in such a State identifying which territorial unit's law is applicable, the law of that unit applies;(b) in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.Article 49For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply:(a) if there are rules in force in such a State identifying which among such laws applies, that law applies;(b) in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.Article 50This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.Article 51In relations between the Contracting States, this Convention replaces
and Article 55. No other reservation shall be permitted.2. Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.3. 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 611. The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57.2. Thereafter the Convention shall enter into force:(a) for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;(b) for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58(3);(c) for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.Article 621. A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.2. The denunciation takes effect on the first day of the month following the expiration of 12 months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.Article 63The depositary shall notify the States Members of The Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following:(a) the signatures, ratifications, acceptances and approvals referred to in Article 57;(b) the accessions and objections raised to accessions referred to in Article 58;(c) the date on which the Convention enters into force in accordance with Article 61;(d) the declarations referred to in Article 34(2), and Article 59;(e) the agreements referred to in Article 39;(f) the reservations referred to in Article 54(2), and Article 55 and the withdrawals referred to in Article 60(2);(g) the denunciations referred to in Article 62.In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.Done at The Hague, on the 19th day of October 1996, 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 eighteenth session. preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken the measures required by the situation.3. The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.Article 121. Subject to Article 7, the authorities of a Contracting State, in whose territory the child or property belonging to the child is present, have jurisdiction to take measures of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such measures are not incompatible with measures already taken by authorities which have jurisdiction under Articles 5 to 10.2. The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken a decision in respect of the measures of protection which may be required by the situation.3. The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.Article 131. The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration.2. The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.Article 14The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.CHAPTER IIIAPPLICABLE LAWArticle 151. In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.2. However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a substantial connection.3. If the child's habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.Article 161. The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.2. The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child's habitual residence at the time when the agreement or unilateral act takes effect.3. Parental responsibility which exists under the law of the State of the child's habitual residence subsists after a change of that habitual residence to another State.4. If the child's habitual residence changes, the attribution of parental responsibility by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.Article 17The exercise of parental responsibility is governed by the law of the State of the child's habitual residence. If the child's habitual residence changes, it is governed by the law of the State of the new habitual residence.Article 18The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.Article 191. The validity of a transaction entered into between a third party and another person who would be entitled to act as the child's legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child's legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law.2. The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.Article 20The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.Article 211. In this Chapter the term "law" means the law in force in a State other than its choice of law rules.2. However, if the law applicable according to 20The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.Article 211. In this Chapter the term "law" means the law in force in a State other than its choice of law rules.2. However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.Article 22The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.CHAPTER IVRECOGNITION AND ENFORCEMENTArticle 231. The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.2. Recognition may however be refused:(a) if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II;b) if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the child having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State;(c) on the request of any person claiming that the measure infringes his or her parental responsibility, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard;(d) if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;(e) if the measure is incompatible with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure fulfils the requirements for recognition in the requested State;(f) if the procedure provided in Article 33 has not been complied with.Article 24Without prejudice to Article 23(1), any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.Article 25The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.Article 261. If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.2. Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.3. The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23(2).Article 27Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.Article 28Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.CHAPTER VCOOPERATIONArticle 291. A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities.2. Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.Article 301. Central Authorities shall cooperate with each other and promote cooperation amongst the competent authorities in their States to achieve the purposes of the Convention.2. They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.Article 31The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to:(a) facilitate the communications and offer the assistance provided for in Articles 8 and 9 and in this Chapter;(b) facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies;(c) provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of a child where it appears that Avis juridique important|22003A0221(01)Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children Jornal Oficial nº L 048 de 21/02/2003 p. 0003 - 0013