GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 4
4 The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child’s best interests.
Divorce Act — D-3.4 1
1 If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child’s best interests, they may either – request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorized to exercise jurisdiction to take the measures of protection which they consider to be necessary, or – invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.
Divorce Act — D-3.4 –
– request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorized to exercise jurisdiction to take the measures of protection which they consider to be necessary, or
Divorce Act — D-3.4 –
– invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.
Divorce Act — D-3.4 2
2 The authorities concerned may proceed to an exchange of views.
Divorce Act — D-3.4 3
3 The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.
Divorce Act — D-3.4 1
1 Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if a at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child, and b the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person who has parental responsibility in relation to the child, and is in the best interests of the child.
Divorce Act — D-3.4 a
a at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child, and
Divorce Act — D-3.4 b
b the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person who has parental responsibility in relation to the child, and is in the best interests of the child.
Divorce Act — D-3.4 2
2 The jurisdiction provided for by paragraph 1 to take measures for the protection of the child ceases as soon as the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.
Divorce Act — D-3.4 1
1 In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any necessary measures of protection.
Divorce Act — D-3.4 2
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 the measures required by the situation.
Divorce Act — D-3.4 3
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.
Divorce Act — D-3.4 1
1 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.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4 3
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.
Divorce Act — D-3.4 1
1 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.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4
The 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.
Divorce Act — D-3.4 1
1 In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.
Divorce Act — D-3.4 2
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 of the law of another State with which the situation has a substantial connection.
Divorce Act — D-3.4 3
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.
Divorce Act — D-3.4 1
1 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.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4 3
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.
Divorce Act — D-3.4 4
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.
Divorce Act — D-3.4
The 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.
Divorce Act — D-3.4
The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.
Divorce Act — D-3.4 1
1 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.
Divorce Act — D-3.4 2
2 The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.
Divorce Act — D-3.4
The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.
Divorce Act — D-3.4 1
1 In this Chapter the term “law” means the law in force in a State other than its choice of law rules.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4
The 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.
Divorce Act — D-3.4 1
1 The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4 a
a if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II;
Divorce Act — D-3.4 b
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;
Divorce Act — D-3.4 c
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;
Divorce Act — D-3.4 d
d if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;
Divorce Act — D-3.4 e
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;
Divorce Act — D-3.4 f
f if the procedure provided in Article 33 has not been complied with.
Divorce Act — D-3.4
Without prejudice to Article 23, paragraph 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.
Divorce Act — D-3.4
The 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.
Divorce Act — D-3.4 1
1 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.
Divorce Act — D-3.4 2
2 Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.
Divorce Act — D-3.4 3
3 The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.
Divorce Act — D-3.4
Without 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.
Divorce Act — D-3.4
Measures 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.
Divorce Act — D-3.4 1
1 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4 1
1 Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4 (a)
The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to – (a) faciliate 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 the child may be present and in need of protection within the territory of the requested State.
Divorce Act — D-3.4 (a)
(a) faciliate the communications and offer the assistance provided for in Articles 8 and 9 and in this Chapter;
Divorce Act — D-3.4 (b)
(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;
Divorce Act — D-3.4 (c)
(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 the child may be present and in need of protection within the territory of the requested State.
Divorce Act — D-3.4 a
On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies, a provide a report on the situation of the child; b request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.
Divorce Act — D-3.4 a
a provide a report on the situation of the child;
Divorce Act — D-3.4 b
b request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.
Divorce Act — D-3.4 1
1 If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care.
Divorce Act — D-3.4 2
2 The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child’s best interests.
Divorce Act — D-3.4 1
1 Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information.
Divorce Act — D-3.4 2
2 A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.
Divorce Act — D-3.4 1
1 The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis.
Divorce Act — D-3.4 2
2 The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision.
Divorce Act — D-3.4 3
3 An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child’s former habitual residence.
Divorce Act — D-3.4 4
4 Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.
Divorce Act — D-3.4
In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child’s residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.
Divorce Act — D-3.4
An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child’s person or property in danger, or constitute a serious threat to the liberty or life of a member of the child’s family.
Divorce Act — D-3.4 1
1 Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter.
Divorce Act — D-3.4 2
2 Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.
Divorce Act — D-3.4
Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
Divorce Act — D-3.4 1
1 The authorities of the Contracting State of the child’s habitual residence, or of the Contracting State where a measure of 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.
Divorce Act — D-3.4 2
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.
Divorce Act — D-3.4 3
3 Each Contracting State shall designate the authorities competent to draw up the certificate.
Divorce Act — D-3.4
The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.
Divorce Act — D-3.4
All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.
Divorce Act — D-3.4
Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.
Divorce Act — D-3.4 1
1 The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law.
Divorce Act — D-3.4 2
2 The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.
Divorce Act — D-3.4
A 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.