Einde inhoudsopgave
European Convention on recognition and enforcement of decisions concerning custody of children and on restoration of custody of children
Article 8
Geldend
Geldend vanaf 01-09-1983
- Bronpublicatie:
20-05-1980, Trb. 1980, 134 (uitgifte: 14-08-1980, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-09-1983
- Bronpublicatie inwerkingtreding:
09-07-1990, Trb. 1990, 95 (uitgifte: 01-01-1990, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Personen- en familierecht / Europees personen- en familierecht
Personen- en familierecht / Gezag en omgang
1.
In the case of an improper removal, the central authority of the State addressed shall cause steps to be taken forthwith to restore the custody of the child where:
- a.
at the time of the institution of the proceedings in the State where the decision was given or at the time of the improper removal, if earlier, the child and his parents had as their sole nationality the nationality of that State and the child had his habitual residence in the territory of that State, and
- b.
a request for the restoration was made to a central authority within a period of six months from the date of the improper removal.
2.
If, in accordance with the law of the State addressed, the requirements of paragraph 1 of this Article cannot be complied without recourse to a judicial authority, none of the grounds of refusal specified in this Convention shall apply to the judicial proceedings.
3.
Where there is an agreement officially confirmed by a competent authority between the person having the custody of the child and another person to allow the other person a right of access, and the child, having been taken abroad, has not been restored at the end of the agreed period to the person having the custody, custody of the child shall be restored in accordance with paragraphs 1.b and 2 of this Article. The same shall apply in the case of a decision of the competent authority granting such a right to a person who has not the custody of the child.