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Hague Convention Information |
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Page 4 of 4
Article 33
A State within which different territorial units have their own rules
of law in respect of custody of children shall not be bound to apply
this Convention where a State with a unified system of law would not be
bound to do so.
Article 34
This Convention shall take priority in matters within its scope over
the Convention of 5 October 1961 concerning the powers of authorities
and the law applicable in respect of the protection of minors, as
between parties to both Conventions. Otherwise the present Convention
shall not restrict the application of an international instrument in
force between the State of origin and the State addressed or other law
of the State addressed for the purposes of obtaining the return of a
child who has been wrongfully removed or retained or of organizing
access rights.
Article 35
This Convention shall apply as between Contracting States only to
wrongful removals or retentions occurring after its entry into force in
those States.
Where a declaration has been made under Article 39 or 40, the reference
in the preceding paragraph to a Contracting State shall be taken to
refer to the territorial unit or units in relation to which this
Convention applies.
Article 36
Nothing in this Convention shall prevent two or more Contracting
States, in order to limit the restrictions to which the return of the
child may be subject, from agreeing among themselves to derogate from
any provisions of this Convention which may imply such a restriction.
CHAPTER VI – FINAL CLAUSES
Article 37
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 Fourteenth Session.
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.
Article 38
Any other State may accede to the Convention.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The Convention shall enter into force for a State acceding to it on the
first day of the third calendar month after the deposit of its
instrument of accession.
The accession will have effect only as regards the relations between
the acceding State and such Contracting States as will have declared
their acceptance of the accession. Such a declaration will also have to
be made by any Member State ratifying, accepting or approving the
Convention after an accession. Such declaration shall be deposited at
the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this
Ministry shall forward, through diplomatic channels, a certified copy
to each of the Contracting States.
The Convention will enter into force as between the acceding State and
the State that has declared its acceptance of the accession on the
first day of the third calendar month after the deposit of the
declaration of acceptance.
Article 39
Any State may, at the time of signature, ratification, acceptance,
approval or accession, declare that the Convention shall extend to all
the territories for the international relations of which it is
responsible, or to one or more of them. Such a declaration shall take
effect at the time the Convention enters into force for that State.
Such declaration, as well as any subsequent extension, shall be
notified to the Ministry of Foreign Affairs of the Kingdom of the
Netherlands.
Article 40
If a Contracting 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 this 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.
Any such declaration shall be notified to the Ministry of Foreign
Affairs of the Kingdom of the Netherlands and shall state expressly the
territorial units to which the Convention applies.
Article 41
Where a Contracting State has a system of government under which
executive, judicial and legislative powers are distributed between
central and other authorities within that State, its signature or
ratification, acceptance or approval of, or accession to this
Convention, or its making of any declaration in terms of Article 40
shall carry no implication as to the internal distribution of powers
within that State.
Article 42
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 39 or 40, make one or both of the reservations provided for
in Article 24 and Article 26, third paragraph. No other reservation
shall be permitted.
Any State may at any time withdraw a reservation it has made. The
withdrawal shall be notified to the Ministry of Foreign Affairs of the
Kingdom of the Netherlands.
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 43
The Convention shall enter into force on the first day of the third
calendar month after the deposit of the third instrument of
ratification, acceptance, approval or accession referred to in Articles
37 and 38.
Thereafter the Convention shall enter into force –
(1) for each State ratifying, accepting, approving or acceding to it
subsequently, on the first day of the third calendar month after the
deposit of its instrument of ratification, acceptance, approval or
accession;
(2) for any territory or territorial unit to which the Convention has
been extended in conformity with Article 39 or 40, on the first day of
the third calendar month after the notification referred to in that
Article.
Article 44
The Convention shall remain in force for five years from the date of
its entry into force in accordance with the first paragraph of Article
43 even for States which subsequently have ratified, accepted, approved
it or acceded to it.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs
of the Kingdom of the Netherlands at least six months before the expiry
of the five year period. It may be limited to certain of the
territories or territorial units to which the Convention applies.
The denunciation shall have effect only as regards the State which has
notified it. The Convention shall remain in force for the other
Contracting States.
Article 45
The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall
notify the States Members of the Conference, and the States which have
acceded in accordance with Article 38, of the following –
(1) the signatures and ratifications, acceptances and approvals referred to in Article 37;
(2) the accessions referred to in Article 38;
(3) the date on which the Convention enters into force in accordance with Article 43;
(4) the extensions referred to in Article 39;
(5) the declarations referred to in Articles 38 and 40;
(6) the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42;
(7) the denunciations referred to in Article 44.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on the 25th day of October, 1980, 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
Fourteenth Session.
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