Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children
Date: 1996-10-19
Institutions: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, Monaco, Morocco, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, Switzerland, United Kingdom
Subjects: European convention, European judicial area, child protection, judicial cooperation, judicial proceedings, jurisdiction, parental responsibility

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CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND
COOPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE
PROTECTION OF CHILDREN

( C o n c l u d e d o n 1 9 O c t o b e r 1 9 9 6 )

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 enforce-
ment of measures for the protection of children,

Recalling the importance of international cooperation 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:

For the purposes of this Convention, the term ‘parental
2.
responsibility’
includes parental authority, or any analogous
relationship of authority determining the rights, powers and
responsibilities of parents, guardians or other legal represen-
tatives in relation to the person or the property of the child.

Article 2

(a)

to determine the State whose authorities have jurisdiction to
take measures directed to the protection of the person or
property of the child;

The Convention applies to children from the moment of their
birth until they reach the age of 18 years.

(b) to determine which law is to be applied by such authorities

in exercising their jurisdiction;

Article 3

The measures referred to in Article 1 may deal
with:

in particular

(c)

to determine the law applicable to parental responsibility;

(a)

(d) to provide for the recognition and enforcement of such

measures of protection in all Contracting States;

the attribution,
parental responsibility, as well as its delegation;

termination or

exercise,

restriction of

(e)

to establish such cooperation between the authorities of the
Contracting States as may be necessary in order to achieve
the purposes of this Convention.

(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;

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(c) guardianship, curatorship and analogous institutions;

jurisdiction to take measures directed to the protection of the
child's person or property.

(d) the designation and functions of any person or body having
charge of the child's person or property, representing or
assisting the child;

Subject to Article 7,

in case of a change of the child's
2.
habitual residence to another Contracting State, the authorities
of the State of the new habitual residence have jurisdiction.

(e)

the placement of the child in a foster family or in institu-
the provision of care by kafala or an
tional care, or
analogous institution;

Article 6

(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 rela-
tionship;

(b) decisions on adoption, measures preparatory to adoption, or

the annulment or revocation of adoption;

(c)

the name and forename 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

The

1.
the
Contracting State of the habitual residence of the child have

administrative

authorities

judicial

or

of

in

occurring

their
the authorities of

For refugee children and children who, due to distur-
1.
internationally
bances
the Contracting State on the
displaced,
territory of which these children are present as a result of
their displacement have
in
paragraph 1 of Article 5.

jurisdiction provided for

country,

the

are

The provisions of the preceding paragraph also apply to

2.
children whose habitual residence cannot be established.

Article 7

1.
In case of wrongful removal or retention of the child, the
authorities of the Contracting State in which the child was
removal or
habitually
retention keep their jurisdiction until the child has acquired a
habitual residence in another State, and:

immediately

resident

before

the

(a) each person,

institution or other body having rights of

custody has acquiesced in the removal or retention; or

(b) the child has resided in that other State for a period of at
least one year after the person,
institution or other body
having rights of custody has or should have had knowledge
of
for return
lodged within that period is still pending, and the child is
settled in his or her new environment.

the child, no request

the whereabouts of

The removal or the retention of a child is to be considered

2.
wrongful where:

(a)

it is in breach of rights of custody attributed to a person, an
institution or any other body, either jointly or alone, under
the law of
the State in which the child was habitually
resident immediately before the removal or retention; and

(b) at

the time of removal or retention those rights were
actually exercised, either jointly or alone, or would have
been so exercised but for the removal or retention.

The rights of custody mentioned in subparagraph (a) above,
may arise in particular by operation of law or by reason of a
judicial or administrative decision, or by reason of an agreement
having legal effect under the law of that State.

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So long as the authorities first mentioned in paragraph 1
3.
keep their jurisdiction, the authorities of the Contracting State
to which the child has been removed or in which he or she has
been retained can take only such urgent measures under
Article 11 as are necessary for the protection of the person
or property of the child.

— invite the parties to introduce such a request before the
authority of the Contracting State of the habitual residence
of the child.

The authorities concerned may proceed to an exchange of

2.
views.

Article 8

1.
By way of exception, the authority of a Contracting State
having jurisdiction under Articles 5 or 6, if it considers that the
authority of another Contracting State would be better placed in
the particular case to assess the best interests of the child, may
either:

3.
The authority initiating the request may exercise juris-
diction 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.

— request that other authority, directly or with the assistance
of the Central Authority of its State, to assume jurisdiction
to take such measures of protection as it considers to be
necessary, or,

— suspend consideration of the case and invite the parties to
introduce such a request before the authority of that other
State.

The Contracting

2.
addressed as provided in the preceding paragraph are:

States whose

authorities may be

(a) a State of which the child is a national;

(b) a State in which property of the child is located;

(c) a State whose authorities are seised of an application for
divorce or legal separation of the child's parents, or for
annulment of their marriage;

(d) a State with which the child has a substantial connection.

Article 10

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.

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.

The authorities concerned may proceed to an exchange of

3.
views.

Article 11

4.
The authority addressed as provided in paragraph 1 may
assume jurisdiction, in place of the authority having jurisdiction
under Articles 5 or 6, if it considers that this is in the child's
best interests.

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.

Article 9

1.
If the authorities of a Contracting State referred to in
Article 8(2), consider that they are better placed in the particular
case to assess the child's best interests, they may either:

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.

— 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 authorised to exercise jurisdiction to take the measures of
protection which they consider to be necessary, or

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.

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Article 12

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
limited to the State in
child which have a territorial effect
question,
incompatible
with measures already taken by authorities which have juris-
diction under Articles 5 to 10.

in so far as such measures are not

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.

The measures taken under paragraph 1 with regard to a
3.
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.

take into consideration the law of another State with which the
situation has a substantial connection.

If

the child's habitual

to another
3.
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.

residence changes

Article 16

The attribution or extinction of parental responsibility by
the intervention of a judicial or
is governed by the law of the State

1.
operation of
administrative authority,
of the habitual residence of the child.

law, without

2.
The attribution or extinction of parental responsibility by
intervention of a
an agreement or a unilateral act, without
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.

Article 13

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.

The authorities of a Contracting State which have juris-
1.
the
diction under Articles 5 to 10 to take measures for
protection of
the child must
the person or property of
abstain from exercising this jurisdiction if, at the time of the
the proceedings, corresponding measures
commencement of
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.

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 17

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.

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.

Article 14

Article 18

The measures taken in application of Articles 5 to 10 remain in
force according to their terms, even if a change of circum-
stances has eliminated the basis upon which jurisdiction was
founded, so long as the authorities which have jurisdiction
under
replaced or
terminated such measures.

the Convention have not modified,

CHAPTER III

APPLICABLE LAW

Article 15

In exercising their jurisdiction under the provisions of
shall

the Contracting States

the authorities of

1.
II,
Chapter
apply their own law.

The parental responsibility referred to in Article 16 may be
its exercise modified, by
terminated, or
measures taken under this Convention.

the conditions of

Article 19

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.

2.
However, in so far as the protection of the person or the
property of the child requires, they may exceptionally apply or

2.
The preceding paragraph applies only if the transaction
was entered into between persons present on the territory of
the same State.

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Article 20

The provisions of this Chapter apply even if the law designated
by them is the law of a non-Contracting State.

Article 21

In this Chapter the term ‘law’ means the law in force in a

1.
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 22

The application of the law designated by the provisions of this
Chapter can be refused only if this application would be mani-
festly contrary to public policy, taking into account the best
interests of the child.

CHAPTER IV

RECOGNITION AND ENFORCEMENT

Article 23

The measures taken by the authorities of a Contracting
law in all other

1.
State shall be recognised by operation of
Contracting States.

2.

Recognition may however be refused:

(f)

the procedure provided in Article 33 has not been

if
complied with.

Article 24

Without 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 25

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.

Article 26

If measures

taken in one Contracting

1.
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 enforce-
ment in that other State according to the procedure provided in
the law of the latter State.

State

Each Contracting State shall apply to the declaration of

2.
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 27

(a)

if the measure was taken by an authority whose jurisdiction
was not based on one of
the grounds provided for in
Chapter II;

Without prejudice to such review as is necessary in the appli-
cation of the preceding Articles, there shall be no review of the
merits of the measure taken.

(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;

Article 28

and declared
Measures
taken in one Contracting State
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 V

COOPERATION

Article 29

(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;

1.
A Contracting State shall designate a Central Authority to
discharge the duties which are imposed by the Convention on
such authorities.

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Federal States, States with more than one system of law or
2.
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
shall
has appointed more than one Central Authority,
designate the Central Authority to which any communication
may be addressed for transmission to the appropriate Central
Authority within that State.

it

Article 30

Central Authorities shall cooperate with each other and
the competent authorities in

1.
promote cooperation amongst
their States to achieve the purposes of the Convention.

They shall,

in connection with the application of

2.
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 31

The Central Authority of a Contracting State, either directly or
through public authorities or other bodies, shall take all appro-
priate steps to:

Article 33

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.

The decision on the placement or provision of care may
2.
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.

Article 34

the
1. Where a measure of protection is contemplated,
competent authorities under the Convention,
if the situation
of the child so requires, may request any authority of another
Contracting State which has
to the
protection of the child to communicate such information.

information relevant

(a)

facilitate the communications and offer
provided for in Articles 8 and 9 and in this Chapter;

the assistance

A Contracting State may declare that

2.
requests under
paragraph 1 shall be communicated to its authorities only
through its Central Authority.

(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.

Article 32

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:

Article 35

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
to maintain direct
contacts on a regular basis.

the right

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.

(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.

An authority having jurisdiction under Articles 5 to 10 to
3.
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.

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Nothing in this Article shall prevent an authority having
4.
jurisdiction under Articles 5 to 10 from taking provisional
measures pending the outcome of
the request made under
paragraph 2.

Article 36

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.

Each Contracting State shall designate the authorities

3.
competent to draw up the certificate.

Article 41

Personal data gathered or transmitted under the Convention
shall be used only for the purposes for which they were
gathered or transmitted.

Article 42

The authorities to whom information is transmitted shall ensure
its confidentiality, in accordance with the law of their State.

Article 37

Article 43

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.

All documents forwarded or delivered under this Convention
shall be exempt from legalisation or any analogous formality.

Article 44

Article 38

Each Contracting State may designate the authorities to which
requests under Articles 8, 9 and 33 are to be addressed.

imposing
1. Without prejudice
reasonable charges for the provision of services, Central Auth-
orities and other public authorities of Contracting States shall
bear their own costs in applying the provisions of this Chapter.

to the possibility of

2.
Any Contracting State may enter into agreements with
one or more other Contracting States concerning the allocation
of charges.

Article 45

The designations referred to in Articles 29 and 44 shall be
the Hague

1.
communicated to the Permanent Bureau of
Conference on Private International Law.

The declaration referred to in Article 34(2) shall be made

2.
to the depositary of the Convention.

Article 39

Article 46

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.

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.

CHAPTER VI

GENERAL PROVISIONS

Article 40

residence, or of

The authorities of

the Contracting State of

the child's
1.
habitual
the Contracting State where a
measure of protection has been taken, may deliver to the
to the person
person having parental
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.

responsibility or

Article 47

In 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;

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. 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;

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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
their marriage, shall be
parents, or
construed as referring to the territorial unit whose authori-
ties are seised of such application;

for annulment of

6. any reference to the State with which the child has a
substantial connection shall be construed as referring to
the
such
connection;

territorial unit with which the

child has

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;

law applicable to different categories of
or sets of rules 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
law with which the child has the closest

rules of

of
connection applies.

Article 50

the application of

the
This Convention shall not affect
Convention of 25 October 1980 on the Civil Aspects of Inter-
national Child Abduction,
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.

as between Parties

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;

Article 51

In relations between the Contracting States this Convention
replaces the Convention of 5 October 1961 concerning the
powers of authorities and the law applicable in respect of the
protection of minors, and the Convention governing the guar-
dianship of minors, signed at The Hague 12 June 1902, without
prejudice to the recognition of measures taken under
the
Convention of 5 October 1961 mentioned above.

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
in which
recognition or enforcement is sought.

the territorial unit

Article 48

For the purpose of identifying the applicable law under Chapter
III, in relation to a State which comprises two or more terri-
torial 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,
that unit
applies;

the law of

(b) in the absence of such rules, the law of the relevant terri-

torial unit as defined in Article 47 applies.

Article 52

This Convention does not

1.
international
instrument to which Contracting States are Parties and which
contains provisions on matters governed by the Convention,
unless a contrary declaration is made by the States Parties to
such instrument.

affect

any

2.
This Convention does not affect the possibility for one or
more Contracting States to conclude agreements which contain,
in respect of children habitually resident in any of the States
Parties to such agreements, provisions on matters governed by
this Convention.

3.
Agreements to be concluded by one or more Contracting
States on matters within the scope of this Convention do not
affect, in the relationship of such States with other Contracting
States, the application of the provisions of this Convention.

Article 49

For the purpose of identifying the applicable law under Chapter
III, in relation to a State which has two or more systems of law

4.
The preceding paragraphs also apply to uniform laws
based on special ties of a regional or other nature between
the States concerned.

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Article 53

1.
The Convention shall apply to measures only if they are
taken in a State after the Convention has entered into force for
that State.

It

shall be

ratified, accepted or approved and the
2.
instruments of ratification, acceptance or approval shall be
deposited with the Ministry of Foreign Affairs of the Kingdom
of the Netherlands, depositary of the Convention.

2.
The Convention shall apply to the recognition and
enforcement of measures taken after its entry into force as
between the State where the measures have been taken and
the requested State.

Article 58

Any other State may accede to the Convention after it has

1.
entered into force in accordance with Article 61(1).

Article 54

The instrument of accession shall be deposited with the

2.
depositary.

1.
Any communication sent to the Central Authority or to
another authority of a Contracting State shall be in the original
language, and shall be accompanied by a translation into the
official language or one of the official languages of the other
State or, where that is not feasible, a translation into French or
English.

However, a Contracting State may, by making a reser-
to the use of

2.
vation in accordance with Article 60, object
either French or English, but not both.

Article 55

1.

A Contracting State may, in accordance with Article 60:

(a) reserve the jurisdiction of its authorities to take measures
directed to the protection of property of a child situated on
its territory;

3.
Such accession shall have effect only as regards the
relations between the acceding State and those Contracting
States which have not raised an objection to its accession in
the six months after the receipt of the notification referred to in
Article 63(b). Such an objection may also be raised by States at
the time when they ratify, accept or approve the Convention
after an accession. Any such objection shall be notified to the
depositary.

Article 59

1.
If a State has two or more territorial units in which
different systems of law are applicable in relation to matters
dealt with in this Convention, it may at the time of signature,
ratification, acceptance, approval or accession declare that the
Convention shall extend to all its territorial units or only to one
or more of them and may modify this declaration by submitting
another declaration at any time.

(b) reserve the right not to recognise any parental responsibility
or measure in so far as it is incompatible with any measure
taken by its authorities in relation to that property.

2.
Any such declaration shall be notified to the depositary
and shall state expressly the territorial units to which the
Convention applies.

The reservation may be restricted to certain categories of

2.
property.

If a State makes no declaration under this Article, the

3.
Convention is to extend to all territorial units of that State.

Article 56

Article 60

The Secretary General of the Hague Conference on Private Inter-
national Law shall at
intervals convoke a Special
Commission in order to review the practical operation of the
Convention.

regular

Any State may, not later than the time of ratification,
1.
acceptance, approval or accession, or at the time of making a
declaration in terms of Article 59, make one or both of the
reservations provided for in Articles 54(2) and 55. No other
reservation shall be permitted.

CHAPTER VII

FINAL CLAUSES

Article 57

Any State may at any time withdraw a reservation it has

2.
made. The withdrawal shall be notified to the depositary.

1.
The Convention shall be open for signature by the States
which were Members of the Hague Conference on Private Inter-
national Law at the time of its Eighteenth Session.

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.

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Article 61

Article 63

1.
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.

The 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:

2.

Thereafter the Convention shall enter into force:

(a)

signatures,

the
referred to in Article 57;

ratifications, acceptances and approvals

(a)

for each State ratifying, accepting or approving it subse-
the month following the
quently, on the first day of
expiration of
its
the deposit of
after
three months
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.

(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 Articles 34(2) and 59;

(e)

the agreements referred to in Article 39;

(f)

the reservations referred to in Articles 54(2) and 55 and the
withdrawals referred to in Article 60(2);

Article 62

(g) the denunciations referred to in Article 62.

1.
A State Party to the Convention may denounce it by a
notification in writing addressed to the depositary. The denun-
ciation may be limited to certain territorial units to which the
Convention applies.

The denunciation takes effect on the first day of

the
2.
twelve months after the
month following the expiration of
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.

In witness whereof
thereto, have signed this Convention.

the undersigned, being duly authorised

Done at The Hague, on the nineteenth 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
the Hague
channels,
Conference on Private International Law at
its
Eighteenth Session.

the States Members of

to each of

the date of