Einde inhoudsopgave
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children
Article 23
Geldend
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
Internationaal privaatrecht / Internationaal erkennings- en executierecht
Personen- en familierecht / Kinderbescherming
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 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.