Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children:Article 47

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children

Article 47

Geldend

Documentgegevens:

Geldend vanaf 01-01-2002

Bronpublicatie:: 19-10-1996, Trb. 1997, 299 (uitgifte: 01-12-1997, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-01-2002
Bronpublicatie inwerkingtreding:: 03-03-2003, Trb. 2003, 35 (uitgifte: 01-01-2003, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal privaatrecht / Internationaal bevoegdheidsrecht
Personen- en familierecht / Kinderbescherming

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;
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;
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.