Divorce Act — D-3.4 39
39 The Act is amended by adding, after Sche­dule 1, the Schedule 2 set out in Schedule 2 to this Act. SCHEDULE (Section 30) Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children The States signatory to the present Convention, Considering the need to improve the protection of children in international situations, Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children, Recalling the importance of international co-operation for the protection of children, Confirming that the best interests of the child are to be a primary consideration, Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision, Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989, Have agreed on the following provisions — Chapter I – Scope of the Convention ARTICLE 1 1 The objects of the present Convention are – a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child; b to determine which law is to be applied by such authorities in exercising their jurisdiction; c to determine the law applicable to parental responsibility; d to provide for the recognition and enforcement of such measures of protection in all Contracting States; e to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention. 2 For the purposes of this Convention, the term “parental responsibility” includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians and other legal representatives in relation to the person or the property of the child. ARTICLE 2 The Convention applies to children from the moment of their birth until they reach the age of 18 years. ARTICLE 3 The measures referred to in Article 1 may deal in particular with – a the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation; b rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child’s habitual residence; c guardianship, curatorship and analogous institutions; d the designation and functions of any person or body having charge of the child’s person or property, representing or assisting the child; e the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution; f the supervision by a public authority of the care of a child by any person having charge of the child; g the administration, conservation or disposal of the child’s property. ARTICLE 4 The Convention does not apply to – a the establishment or contesting of a parent-child relationship; b decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; c the name and forenames of the child; d emancipation; e maintenance obligations; f trusts or succession; g social security; h public measures of a general nature in matters of education or health; i measures taken as a result of penal offences committed by children; j decisions on the right of asylum and on immigration. Chapter II – Jurisdiction ARTICLE 5 1 The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child’s person or property.