Convention of $the Hague

The Convention of the October 25th 1980 on the civil aspects of international removal children, known as also Convention of $the Hague, intends to guarantee to the immediate return of children moved or retained unlawfully by one their parents in a contracting State. It also aims at making respect the custody charges, of visit and lodging of the children in the contracting country.

This convention is a standard of private international law.

It provides, in the event of international parental removal or of illicit not-presentation of a child (refusal to ensure a right of access, for example), that the injured relative can seize the Central authority of his country (near the ministry for justice) so that this one requires near the Central authority of the Country in which is the children concerned that this last attack the relative supposed removing near the local court.

According to the Community Payment said " Brussels 2bis" who envisages the modes of enforcement of Convention and intends to racourcir the deadlines, so that the local court seized by the ministry public, ruling in Community legislation, orders the immediate return of the children concerned, it must accept these three questions:

- Does the parental authority fall exclusively or jointly to the relative having seized the Central authority?

- Was the main home of the children indeed in the applicant country?

- Is the country requiring able to protect the superior interests from the children?

If the court accepts the three question, it orders and makes carry out the return of the children.

The court is judicious to rule in the six weeks of its sasine.

Bonds

Text of Convention:

http://hcch.e-vision.nl/index_fr.php?act=conventions.text&cid=24

Guide good practices of Convention removal of children:

http://hcch.e-vision.nl/index_fr.php?act=publications.details&pid=2781

In connection with the Community Payment Brussels (2a):

http://www.just.fgov.be/fr_htm/information/htm_justice_a_z/eie_bruxelles_ii_bis.html

http://www.enlevement-parental.justice.gouv.fr/europeen.html

Element of doctrines in connection with the payment:

http://www.era.int/web/en/resources/5_2341_2725_file_en.3726.pdf

Testimony on the procedure:

http://homministe.skynetblogs.be/post/4037501/bon-revenons-un-peu-sur-la-procedure-bruxelle

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