Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children in United States
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
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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 or
other legal representatives in relation to the person or the property of the
child.
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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;
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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;
[*1397] 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;
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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.
2 Subject to Article 7, in case of a change of the child’s habitual residence to
another Contracting State, the authorities of the State of the new habitual
residence have jurisdiction.
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Article 6
1 For refugee children and children who, due to disturbances occurring in their
country, are internationally displaced, the authorities of the Contracting State
on the territory of which these children are present as a result of their
displacement have the jurisdiction provided for in paragraph 1 of Article 5.
2 The provisions of the preceding paragraph also apply to 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 habitually resident immediately before
the removal or retention keep their jurisdiction until the child has acquired a
habitual residence in another State, and
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
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after the person, institution or other body having rights of custody has or
should have had knowledge of the whereabouts of the child, no request for return
lodged within that period is still pending, and the child is settled in his or
her new environment.
2 The removal or the retention of a child is to be considered 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 sub-paragraph 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.
3 So long as the authorities first mentioned in paragraph 1 keep their
jurisdiction, the authorities of the Contracting State to which the child has
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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.
Article 8
1 By way of exception, the authority of a Contracting State having jurisdiction
under Article 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
– 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.
2 The Contracting States whose authorities may be addressed as provided in the
preceding paragraph are
a a State of which the child is a national,
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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.
3 The authorities concerned may proceed to an exchange of views.
[*1398] 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.
Article 9
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
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Authority of that State, that they be authorised 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.
2 The authorities concerned may proceed to an exchange of views.
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.
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
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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.
Article 11
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.
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.
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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 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 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
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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 13
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.
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 14
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
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upon which jurisdiction was founded, so long as the authorities which have
jurisdiction under the Convention have not modified, replaced or terminated such
measures.
[*1399] Article 15
1 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 16
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.
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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 17
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 18
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The parental responsibility referred to in Article 16 may be terminated, or the
conditions of its exercise modified, by measures taken under this Convention.
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 The preceding paragraph applies only if the transaction was entered into
between persons present on the territory of the same State.
Article 20
The provisions of this Chapter apply even if the law designated by them is the
law of a non-Contracting State.
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Article 21
1 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 22
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.
CHAPTER IV – RECOGNITION AND ENFORCEMENT
Article 23
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1 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 [*1400] of the child,
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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 24
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.
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
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
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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, paragraph 2.
Article 27
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.
Article 28
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.
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CHAPTER V – CO-OPERATION
Article 29
1 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 30
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.
2 They shall, in connection with the application of the Convention, take
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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 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 the
child may be present and in need of protection within the territory of the
requested State.
Article 32
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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.
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.
[*1401] 2 The decision on the placement or provision of care may be made in
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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
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.
2 A Contracting State may declare that requests under paragraph 1 shall be
communicated to its authorities only through its Central Authority.
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 the right to maintain direct contacts
on a regular basis.
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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.
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.
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.
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
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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.
Article 37
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.
Article 38
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.
2 Any Contracting State may enter into agreements with one or more other
Contracting States concerning the allocation of charges.
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Article 39
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.
CHAPTER VI – GENERAL PROVISIONS
Article 40
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.
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
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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.
[*1402] Article 43
All documents forwarded or delivered under this Convention shall be exempt from
legalisation or any analogous formality.
Article 44
Each Contracting State may designate the authorities to which requests under
Articles 8, 9 and 33 are to be addressed.
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Article 45
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.
2 The declaration referred to in Article 34, paragraph 2, shall be made to the
depositary of the Convention.
Article 46
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.
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
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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 connection;
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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 48
For 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
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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 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 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.
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Article 50
This 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 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 [*1403] in respect of the protection of minors, and the
Convention governing the guardianship 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.
Article 52
1 This Convention does not affect any 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
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to such instrument.
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.
4 The preceding paragraphs also apply to uniform laws based on special ties of a
regional or other nature between the States concerned.
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.
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
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been taken and the requested State.
Article 54
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.
2 However, a Contracting State may, by making a reservation in accordance with
Article 60, object to the use of 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;
b reserve the right not to recognize any parental responsibility or measure in
so far as it is incompatible with any measure taken by its authorities in
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relation to that property.
2 The reservation may be restricted to certain categories of property.
Article 56
The Secretary General of the Hague Conference on Private International Law shall
at regular intervals convoke a Special Commission in order to review the
practical operation of the Convention.
CHAPTER VII – FINAL CLAUSES
Article 57
1 The Convention shall be open for signature by the States which were Members of
the Hague Conference on Private International Law at the time of its Eighteenth
Session.
2 It shall be ratified, accepted or approved and the 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.
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Article 58
1 Any other State may accede to the Convention after it has entered into force
in accordance with Article 61, paragraph 1.
2 The instrument of accession shall be deposited with the depositary.
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 sub-paragraph b of Article 63. 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.
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2 Any such declaration shall be notified to the depositary and shall state
expressly the territorial units to which the Convention applies.
3 If a State makes no declaration under this Article, the Convention is to
extend to all territorial units of that State.
[*1404] Article 60
1 Any State may, not later than the time of ratification, 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, paragraph 2,
and 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 61
35 I.L.M. 1391, *1404
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.
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, paragraph 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 62
1 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
35 I.L.M. 1391, *1404
territorial units to which the Convention applies.
2 The denunciation takes effect on the first day of the month following the
expiration of twelve 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 63
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 –
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;
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d the declarations referred to in Articles 34, paragraph 2, and 59;
e the agreements referred to in Article 39;
f the reservations referred to in Articles 54, paragraph 2, and 55 and the
withdrawals referred to in Article 60, paragraph 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 day of 19 , 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.
[*1405] B The following Decisions on matters pertaining to the Agenda of the
Conference –
35 I.L.M. 1391, *1405
The Eighteenth Session,
Having regard to the proposals and suggestions advanced within the First
Commission –
1 Decides to include in the Agenda of the Nineteenth Session the question of
jurisdiction, and recognition and enforcement of foreign judgments in civil and
commercial matters.
2 Noting that the work on a convention on the protection of adults should be
pursued following the adoption of a draft Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in respect of Parental
Responsibility and Measures for the Protection of Children;
Considering that one or more subsequent meetings of a Special Commission would
be likely to lead to the adoption of a convention on the protection of adults;
Institutes a Special Commission for that purpose;
Decides that the draft Convention to be drawn up by a Special Commission of a
diplomatic character shall be embodied in a Final Act to be submitted for
signature by the Delegates participating in such Commission.
35 I.L.M. 1391, *1405
3 Decides to retain in addition in the Agenda for the work programme of the
Conference the question of the conflict of jurisdictions, applicable law and
international judicial and administrative co-operation in respect of civil
liability for environmental damage.
4 Decides to retain or include in the Agenda of the Conference, but without
priority –
a jurisdiction, and recognition and enforcement of decisions in matters of
succession upon death;
b the problems of private international law raised by
– electronic data interchange, and
– protection of privacy in connection with transfrontier data flows;
c jurisdiction, applicable law, and recognition and enforcement of judgments in
respect of unmarried couples;
d the law applicable to unfair competition;
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e the law applicable to assignment of receivables.
5 Requests the Secretary General to convene a Special Commission on the
operation of the Convention of 25 October 1980 on the Civil Aspects of
International Child Abduction.
6 Recalling Article 42 of the Convention of 29 May 1993 on Protection of
Children and Co-operation in Respect of Intercountry Adoption, invites the
Secretary General to convene a Special Commission on the operation of that
Convention.
7 Requests the Secretary General –
a to convene, before the Nineteenth Session, a Special Commission instructed to
examine the operation of the Hague Conventions on maintenance obligations and
the New York Convention of 20 June 1956 on the Recovery Abroad of Maintenance
and to examine, on the occasion of that meeting, the desirability of revising
those Hague Conventions, and the inclusion in a new instrument of rules on
judicial and administrative co-operation;
b to keep an up-to-date list of the authorities provided for under the New
35 I.L.M. 1391, *1405
York Convention of 1956 and to communicate this list, once or twice a year, to
all those authorities in the Member States of the Hague Conference;
c to convene an informal working group in order to draft model forms to
accompany the requests and to ensure the acknowledgement of receipt of the
latter in application of the New York Convention of 1956, it being understood
that such draft forms would have to be examined and possibly adopted at the next
Special Commission on the operation of the Conventions in regard to maintenance
obligations.
Done at The Hague on the 19th day of October nineteen hundred and ninety-six in
a single copy which shall be deposited in the archives of the Permanent Bureau,
and of which a certified copy shall be sent to each of the Governments
represented at the Eighteenth Session of the Conference.
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