"child support" "child custody" "florida family law"

      [HOME]

                   Florida Divorce and Family Law  

      flsdivorce.com   

The definitive site on the web for Florida Divorce and Family Law.

 

 

[HOME]

FLORIDA DIVORCE AND FAMILY LAW ARTICLES BY SUBJECT

Adoption

Agreements

Alimony, Maintenance and Spousal Support

Child Abduction

Child Custody and Parental Alienation

Litigation & Procedure

Questions about Taxes

Retirement Benefits

[HOME]

 

 

 

HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW
 

CONVENTION OF 25 OCTOBER 1980
ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION

                       FULL STATUS REPORT CONVENTION # 28

Total number of Contracting States: 71.

Last updates: 21 May 2002 (Estonia; Guatemala; Peru); 23 April 2002 (Guatemala); 19 April 2002 (Trinidad and Tobago)

M E M B E R
S T A T E S
Signature Ratification,
acceptance,
approval
or accession
Entry into force



 ARGENTINA 28 January 1991 19 March 1991 1 June 1991

In accordance with Article 6, Argentina has designated as Central Authority:

"The Ministry of Foreign Relations – Legal Affairs Department (Ministerio de Relaciones Exteriores y Culto – Dirección de Asuntos Jurídicos)".

N.B. See also infra, under UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, Extensions, note **.



 AUSTRALIA 29 October 1986 29 October 1986 1 January 1987

The Convention extends to the legal system applicable only in the Australian States and mainland Territories.

In accordance with Article 6, Australia has designated the following Central Authorities:

"A. Commonwealth Central Authority
Secretary
Attorney-General's Department
Canberra

B. State Central Authorities
(i) Director, Department of Children's Services, Queensland
(ii) Secretary, Department of Community Development, Northern Territory
(iii) Director-General, Department of Community Services, Victoria
(iv) Director-General, Department of Youth and Community Services, New South Wales
(v) Director for Community Welfare, Department for Community Welfare, Tasmania
(vi) Commissioner, Western Australian Police Department, Western Australia
(vii) Commissioner, South Australian Police Department, South Australia
(viii) Director of Welfare, Department of Territories, Australian Capital Territory

Applications should be forwarded to the Commonwealth Central Authority for initial processing, addressed as follows: The Secretary, Attorney-General's Department, National Circuit, Barton A.C.T. 2600."



 AUSTRIA 12 May 1987 14 July 1988 1 October 1988

In accordance with Article 6, paragraph 1, Austria has designated as Central Authority: "das Bundesministerium für Justiz



BELARUS (accession) 12 January 1998 1 April 1998

The instrument of accession contains the following reservation:

"The Republic of Belarus declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of this Convention resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its system of legal aid and advice."

In accordance with Article 6, paragraph 1, the Republic of Belarus has designated as Central Authority:

Ministry of Justice
ul. Kollektornaya, 10
220084 MINSK.

The accession of Belarus has been accepted by:

the Kingdom of the Netherlands (for the Kingdom in Europe) 18 February 1998
Israel 17 March 1998
Finland 24 April 1998
the Czech Republic 18 May 1998
Australia 25 August 1998
Argentina 27 August 1998
Germany 3 November 1998
Chile 8 March 1999
China, Hong Kong Special Administrative Region 29 March 1999
Spain 20 July 1999
Georgia 18 October 1999
Greece 21 December 1999
Bosnia and Herzegovina 1 September 2000
Canada 26 October 2000
Ireland 27 October 2000
the Slovak Republic 7 November 2000
Poland 14 November 2000
Switzerland 15 November 2000
Colombia 11 January 2001
Italy 1 May 2001
Portugal 12 October 2001
Hungary 11 March 2002

Entry into force between Belarus and

the Kingdom of the Netherlands (for the Kingdom in Europe) 1 May 1998
Israel 1 June 1998
Finland 1 July 1998
the Czech Republic 1 August 1998
Australia 1 November 1998
Argentina 1 November 1998
Germany 1 February 1999
Moldova 1 February 1999
Paraguay 1 February 1999
Chile 1 June 1999
China, Hong Kong Special Administrative Region 1 June 1999
Spain 1 October 1999
Georgia 1 January 2000
Greece 1 March 2000
Fiji 1 September 2000
Costa Rica 1 September 2000
Uzbekistan 1 September 2000
Bosnia and Herzegovina 1 December 2000
Canada 1 January 2001
Ireland 1 January 2001
the Slovak Republic 1 February 2001
Poland 1 February 2001
Switzerland 1 February 2001
Colombia 1 April 2001
Brazil 1 May 2001
Malta 1 May 2001
Uruguay 1 May 2001
Trinidad and Tobago 1 May 2001
Italy 1 August 2001
Portugal 1 January 2002
Hungary 1 June 2002



BELGIUM 11 January 1982 9 February 1999 1 May 1999

In accordance with Article 6, paragraph 1, Belgium has designated as Central Authority:
Ministère de la Justice
Direction générale de la Législation civile et des Cultes
Service Entraide judiciaire internationale



BOSNIA AND HERZEGOVINA 27 September 1991 27 September 1991 1 December 1991

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 23 August 1993, the Republic of Bosnia and Herzegovina declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

In accordance with Article 6, first paragraph, Bosnia and Herzegovina has designated as Central Authority: "the Ministry for Civil Affairs and Communications of Bosnia and Herzegovina".



BRAZIL (accession) 19 October 1999 1 January 2000

The instrument of accession contains the following reservation:*

"(...) avec une réserve quant à l’article 24 de ladite Convention, permise par son article 42, pour établir que les documents étrangers annexés aux actes judiciaires soient accompagnés de leur traduction en portugais par un traducteur assermenté officiel."

Translation
(...) with a reservation as provided for in Article 24 of the said Convention (permitted under Article 42), to the effect that foreign documents appended to legal instruments must be accompanied by a translation into Portuguese done by a sworn translator. *

* The Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 21 June 2000 from the Embassy of Finland concerning the reservation made by Brazil. The Note reads as follows:

"(...)The Government of Finland is unable to accept the reservation in so far as it is incompatible with Article 24(2) and 42(1) of the Convention.
According to Article 24(1), any application, communication or other document sent to the Central Authority 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 requested State, or where that is not feasible, a translation into French or English. Under Article 24(2) a Contracting State may, by making a reservation, object the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
Having regard to the wording and purpose of this provision the Finnish Government considers that the reservation made by Brazil, which excludes the use of both French and English languages in cases where it is not feasible to obtain a translation of the document into Portuguese, is not allowed under Article 24(2) and 42(1). In conclusion, the Finnish Government declares that in relation to Finland this reservation may not be invoked by the authorities of Brazil in so far as this would be incompatible with the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the Convention between Finland and Brazil.(...)"

By Note dated 11 December 2001, the Embassy of Brazil at The Hague informed the depositary that Brazil has designated as Central Authority: the Secretaria de Estado dos Direitos Humanos, Ministério da Justiça.

The accession of Brazil has been accepted by:

Argentina 5 January 2000
Luxembourg 10 January 2000
Israel 17 January 2000
Chile 17 January 2000
Poland 22 February 2000
Panama 10 April 2000
Finland 21 June 2000
Colombia 29 June 2000
Ireland 27 October 2000
the Slovak Republic 7 November 2000
Spain 6 February 2001
Australia 8 February 2001
Belarus 16 February 2001
Mexico 29 March 2001
Italy 1 May 2001
Moldova 1 June 2001
Portugal 12 October 2001
Austria 14 December 2001
the Netherlands (for the Kingdom in Europe) 8 January 2002
Norway 31 January 2002
Germany 13 February 2002
Hungary 11 March 2002
Uzbekistan 26 March 2002

Entry into force between Brazil and

Argentina 1 April 2000
Luxembourg 1 April 2000
Israel 1 April 2000
Chile 1 April 2000
Poland 1 May 2000
Panama 1 July 2000
Finland 1 September 2000
Colombia 1 September 2000
Ireland 1 January 2001
the Slovak Republic 1 February 2001
Spain 1 May 2001
Australia 1 May 2001
Belarus 1 May 2001
Mexico 1 June 2001
Italy 1 August 2001
Moldova 1 September 2001
Portugal 1 January 2002
Austria 1 March 2002
the Netherlands (for the Kingdom in Europe) 1 April 2002
Norway 1 April 2002
Germany 1 May 2002
Hungary 1 June 2002
Uzbekistan 1 June 2002
El Salvador 1 June 2002
Estonia 1 June 2002
Guatemala 1 June 2002
Latvia 1 June 2002
Nicaragua 1 June 2002
Peru 1 June 2002
Sri Lanka 1 June 2002
Trinidad and Tobago 1 June 2002



CANADA 25 October 1980 2 June 1983 1 December 1983

On 2 June 1983, in accordance with the provisions of Article 40, the Government of Canada declares that the Convention shall extend to the Provinces of Ontario, New Brunswick, British Columbia and Manitoba.

Under the following declarations and reservations:

"Central Authorities
2. In accordance with the provisions of Article 6, paragraph 2, the Minister of Justice and Attorney General of Canada, as represented by the Domestic Legal Services in the Department of External Affairs, is designated as the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within Canada.

3. In accordance with the provisions of Article 6, paragraph 2, the Ministry of the Attorney General of Ontario is designated as the Central Authority for the Province of Ontario.

4. In accordance with the provisions of Article 6, paragraph 2, the Attorney General of New Brunswick is designated as the Central Authority for the Province of New Brunswick.

5. In accordance with the provisions of Article 6, paragraph 2, the Attorney General of British Columbia is designated as the Central Authority for the Province of British Columbia.

6. In accordance with the provisions of Article 6, paragraph 2, the Attorney General of Manitoba is designated as the Central Authority for the Province of Manitoba.

Reservations
7. In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Provinces of Ontario, New Brunswick and British Columbia, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province concerned.

Other declarations and reservations
8. The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

Extensions

(1) The Government of Canada extended the Convention to the Province of Nova Scotia by Note dated 24 February 1984, and received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 27 February 1984.

Entry into force for the Province of Nova Scotia: 1 May 1984.

The declaration of extension of the Convention to the Province of Nova Scotia contains the following declarations and reservations:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Attorney General of Nova Scotia is designated as the Central Authority for the Province of Nova Scotia.

Reservation
In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Nova Scotia, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province of Nova Scotia.

Other declarations and reservations
The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

(2) The Government of Canada extended the Convention to the Province of Newfoundland by Note dated 5 July 1984 and received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 6 July 1984.

Entry into force for the Province of Newfoundland: 1 October 1984.

The declaration of extension of the Convention to the Province of Newfoundland contains the following declarations and reservations:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Attorney General of Newfoundland is designated as the Central Authority for the Province of Newfoundland.

Reservation
In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Newfoundland, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province of Newfoundland.

Other declarations and reservations
The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

(3) The Government of Canada extended the Convention to the Province of Quebec by Note dated 9 October 1984 and received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 11 October 1984.

Entry into force for the Province of Quebec: 1 January 1985.

The declaration of extension of the Convention to the Province of Quebec contains the following declarations and reservations:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Department of Justice of Quebec is designated as the Central Authority for the Province of Quebec.

Reservations
In accordance with the provisions of Article 42 and pursuant to Article 24, paragraph 2, translation in the French language will be required for any application, communication or other document concerning the Province of Quebec when the original language is neither French nor English.

In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Quebec, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province of Quebec.

Other declarations and reservations
The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

(4) The Government of Canada extended the Convention to the Yukon Territory by Note dated 15 November 1984 and received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 18 November 1984.

Entry into force for the Yukon Territory: 1 February 1985.

The declaration of extension of the Convention to the Yukon Territory contains the following declarations and reservations:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Minister of Justice of the Yukon Territory is designated as the Central Authority for the Yukon Territory.

Reservation
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Yukon Territory, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Yukon Territory.

Other declarations and reservations
The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

(5) The Government of Canada extended the Convention to the Province of Prince Edward Island by Note dated 11 February 1986 and received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 12 February 1986.

Entry into force for the Province of Prince Edward Island: 1 May 1986.

The declaration of extension of the Convention to the Province of Prince Edward Island contains the following declarations and reservations:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Department of Justice and Attorney General of Prince Edward Island is designated as the Central Authority for the Province of Prince Edward Island.

Reservation
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Prince Edward Island, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province of Prince Edward Island.

Other declarations and reservations
The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

(6) The Government of Canada extended the Convention to the Province of Saskatchewan by a Note dated 7 August 1986, received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 11 August 1986.

Entry into force for the Province of Saskatchewan: 1 November 1986.

The declaration of extension of the Convention to the Province of Saskatchewan contains the following declarations and reservations:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Minister of Justice of Saskatchewan is designated as the Central Authority for the Province of Saskatchewan.

Reservation
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Saskatchewan, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province of Saskatchewan.

Other declarations and reservations
The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

(7) The Government of Canada extended the Convention to the Province of Alberta by a Note dated 4 November 1986, received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on the same date.

Entry into force for the Province of Alberta: 1 February 1987.

The declaration of extension of the Convention to the Province of Alberta contains the following declarations and reservations:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Attorney General of Alberta is designated as the Central Authority for the Province of Alberta.

Reservation
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Province of Alberta, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Province of Alberta.

Other declarations and reservations
The Government of Canada further declares that it may at any time submit other declarations or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect to other territorial units."

(8) The Government of Canada extended the Convention to the Northwest Territories by a Note dated 25 January 1988, received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 26 January 1988.

Entry into force for the Northwest Territories: 1 April 1988.

The declaration of extension of the Convention to the Northwest Territories contains the following declaration and reservation:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Minister of Justice of the Northwest Territories is designated as the Central Authority for the Northwest Territories.

Reservation
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Northwest Territories, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Northwest Territories."

(9) The Embassy of Canada informed the depositary on 26 October 2000 of the following:

"…EXTENSION OF THE CONVENTION
In accordance with the provisions of Article 40 of the Convention, the Government of Canada declares that, in addition to the provinces of Ontario, New Brunswick, British Columbia, Manitoba, Nova Scotia, Newfoundland, Quebec, Prince Edward Island, Saskatchewan, Alberta, the Yukon Territory and the Northwest Territories, the Convention shall extend to Nunavut. The Government of Canada further declares that the Convention now extends to all the territorial units of Canada."

Entry into force for Nunavut: 1 January 2001.

The declaration of extension of the Convention to Nunavut contains the following declaration and reservation:

"Central Authority
In accordance with the provisions of Article 6, paragraph 2, the Minister of Justice and Attorney General for Nunavut is designated as the Central Authority for Nunavut.

Reservation
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning Nunavut, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of Nunavut."


CHILE (accession) 23 February 1994 1 May 1994

With the following declaration:

"Chile entiende el artículo 3 de la Convención sobre los Aspectos Civiles del Secuestro Internacional de Niños en el sentido que no se opone a la legislación nacional que estipula que el derecho de tuición y custodia se ejerce hasta los 18 años de edad."

Translation
Chile understands Article 3 of the Convention on the Civil Aspects of International Child Abduction in the sense that it is not inconsistent with the national legislation which provides that the right to guardianship and custody is exercised until the age of 18.

In accordance with Article 6, paragraph 1, Chile has designated as Central Authority: "la Corporación de Asistencia Judicial de la Región Metropolitana".

The accession of Chile has been accepted by:

the United States of America 8 April 1994
the Kingdom of the Netherlands (for the Kingdom in Europe) 20 April 1994
the United Kingdom of Great Britain and Northern Ireland * 29 April 1994
Luxembourg 9 May 1994
Finland 25 May 1994
Switzerland 15 July 1994
Australia 17 August 1994
Ireland 12 September 1994
Sweden 24 October 1994
Panama 29 December 1994
Argentina 10 February 1995
Germany 24 March 1995
Canada 29 May 1995
Spain 20 June 1995
New Zealand 16 August 1995
Mexico 5 September 1995
Israel 24 October 1995
France 24 November 1995
Italy 15 May 1996
Hungary 15 January 1997
Venezuela 16 June 1997
Greece 16 July 1997
Poland 12 December 1997
the Czech Republic 18 May 1998
Norway 20 July 1998
the Slovak Republic 7 November 2000
Portugal 12 October 2001
Austria 14 December 2001

* with the following declaration:

"Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Chile as of 1 May 1994 when the Convention enters into force for Chile."

Entry into force between Chile and

the United States of America 1 July 1994
the Kingdom of the Netherlands (for the Kingdom in Europe) 1 July 1994
the United Kingdom of Great Britain and Northern Ireland 1 July 1994
Luxembourg 1 August 1994
Finland 1 August 1994
Switzerland 1 October 1994
Australia 1 November 1994
Ireland 1 December 1994
Sweden 1 January 1995
Panama 1 March 1995
Argentina 1 May 1995
Germany 1 June 1995
Canada 1 August 1995
Spain 1 September 1995
New Zealand 1 November 1995
Mexico 1 December 1995
Israel 1 January 1996
France 1 February 1996
Cyprus 1 May 1996
Slovenia 1 May 1996
St. Kitts and Nevis 1 May 1996
Zimbabwe 1 May 1996
Italy 1 August 1996
Hungary 1 April 1997
Colombia 1 June 1997
Iceland 1 June 1997
Venezuela 1 September 1997
Greece 1 October 1997
Poland 1 March 1998
the Czech Republic 1 August 1998
Norway 1 October 1998
South Africa 1 June 1999
Georgia 1 June 1999
Turkmenistan 1 June 1999
Belarus 1 June 1999
Moldova 1 June 1999
Paraguay 1 June 1999
Costa Rica 1 June 1999
Brazil 1 April 2000
Malta 1 April 2000
Uzbekistan 1 October 2000
the Slovak Republic 1 February 2001
El Salvador 1 November 2001
Portugal 1 January 2002
Austria 1 March 2002



CHINA, Hong Kong Special Administrative Region only     1 September 1997

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997 the Minister of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 13 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of the United Kingdom reads as follows:

"Your Excellency,
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.
(...) (signed Rosemary Spencer)".

The Note from the Ambassador of the People's Republic of China reads as follows:

Translation
"Your Excellency,
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the "Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:
The Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:
1. In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special Administrative Region will not be bound to bear any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice;
2. In accordance with Article 6 of the Convention, it designates the Secretary of Justice of the Government of the Hong Kong Special Administrative Region as the Central Authority for the Hong Kong Special Administrative Region.
Within the above ambit, responsibility for the international rights and obligations of a Party to the Convention will be assumed by the Government of the People's Republic of China.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.
(...)
(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China)".



CHINA, Macau Special Administrative Region only     1 March 1999

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 26 November 1999 from the Ambassador of Portugal at The Hague and a letter dated 10 December 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:

"Upon instructions from my Government and referring to the Convention on the Civil Aspects of International Child Abduction concluded at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which currently applies to Macau, I have the honour to inform Your Excellency of the following:
In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macau, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macau until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macau, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macau.
(…)"

The letter from the Ambassador of the People's Republic of China reads as follows:

Translation
"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:
The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:
In accordance with Article 6 of the Convention, it designates the Welfare Department of the Macao Special Administrative Region as Central Authority in the Macao Special Administrative Region.
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention.
(…)

 

 CROATIA 27 September 1991 27 September 1991 1 December 1991

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 5 April 1993 the Republic of Croatia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

In accordance with Article 6, paragraph 1, the Republic of Croatia has designated as Central Authority: "The Ministry of Labour and Welfare".



CYPRUS (accession) 4 November 1994 1 February 1995

In accordance with Article 6, paragraph 1, Cyprus has designated as Central Authority: "the Minister of Justice and Public Order".

The accession of Cyprus has been accepted by:

the Kingdom of the Netherlands (for the Kingdom in Europe) 13 December 1994
the United States of America 19 December 1994
Luxembourg 24 January 1995
the United Kingdom of Great Britain and Northern Ireland* 13 January 1995
Germany 20 February 1995
Panama 16 March 1995
Sweden 5 July 1995
France 24 July 1995
Australia 18 August 1995
New Zealand 16 August 1995
Mexico 5 September 1995
Israel 24 October 1995
Chile 27 February 1996
Greece 20 May 1996
Argentina 27 September 1996
Ireland 4 October 1996
Norway 21 October 1996
Poland 25 October 1996
Hungary 15 January 1997
Italy 31 January 1997
Switzerland 10 February 1997
Finland 27 February 1997
Spain 26 March 1997
Venezuela 16 June 1997
Denmark 16 July 1997
Canada 17 October 1997
the Czech Republic 18 May 1998
the Slovak Republic 7 November 2000
Portugal 12 October 2001
Austria 14 December 2001

* with the following declaration:

"Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State that has declared its acceptance of the accession, the municipal law of the United Kingdom will be amended with effect from 1 February 1995 to give effect to the provisions of the Convention between it and Cyprus from the date when the Convention enters into force for Cyprus. I should be grateful for confirmation of the date of 1 February 1995 as the date on which the Convention will enter into force between the United Kingdom and Cyprus."

The Government of Cyprus has confirmed the date of 1 February 1995 as the date on which the Convention entered into force between Cyprus and the United Kingdom of Great Britain and Northern Ireland.

Entry into force between Cyprus and

the United Kingdom of Great Britain and Northern Ireland* 1 February 1995
the Kingdom of the Netherlands (for the Kingdom in Europe) 1 March 1995
the United States of America 1 March 1995
Luxembourg 1 April 1995
Germany 1 May 1995
Panama 1 June 1995
Sweden 1 October 1995
France 1 October 1995
Australia 1 November 1995
New Zealand 1 November 1995
Mexico 1 December 1995
Israel 1 January 1996
Chile 1 May 1996
Greece 1 August 1996
Colombia 1 August 1996
Zimbabwe 1 August 1996
Argentina 1 December 1996
Ireland 1 January 1997
Norway 1 January 1997
Poland 1 January 1997
Hungary 1 April 1997
Italy 1 April 1997
Switzerland 1 May 1997
Finland 1 May 1997
Spain 1 June 1997
Venezuela 1 September 1997
Denmark 1 October 1997
Canada 1 January 1998
the Czech Republic 1 August 1998
the Slovak Republic 1 February 2001
Portugal 1 January 2002
Austria 1 March 2002

 

CZECH REPUBLIC 28 December 1992 15 December 1997 1 March 1998

The instrument of ratification contains the following reservation:

Translation
"Having examined this Convention and knowing that the Parliament of the Czech Republic has given its consent thereto, we hereby ratify and confirm it with the reservation according to Article 42 of the Convention, that the Czech Republic shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its legal system of legal aid and advice."

In accordance with Article 6, paragraph 1, the Czech Republic has designated as Central Authority: "Central Agency for International Legal Protection of Youth".



 DENMARK 17 April 1991 17 April 1991 1 July 1991

Under the following reservations and declarations:

"1) qu'en vertu des dispositions de l'article 39, alinéa 1, la Convention ne s'appliquera pas aux territoires des Iles Féroé et du Groenland;
2) qu'en vertu des dispositions de l'article 42, alinéa 1,

a le Royaume de Danemark s'oppose à l'utilisation du français dans toute demande, communication ou autre documentation adressées à son Autorité centrale (cf. article 24, alinéa 2); et
b il n'est tenu au paiement des frais liés à la participation d'un avocat ou d'un conseiller juridique, ou aux frais de justice, que dans la mesure où ces coûts peuvent être couverts par son système d'assistance judiciaire et juridique (cf. article 26, alinéa 3);

3) qu'en exécution des dispositions de l'article 6, alinéa 1, le Royaume de Danemark a désigné comme Autorité centrale:
Ministry of Justice
Department of Private Law
(Civilresdirektorat)" *

Translation
(1) pursuant to the provisions of Article 39, paragraph 1, the Convention shall not be applicable to the territories of the Faroe Islands and Greenland;
(2) pursuant to the provisions of Article 42, paragraph 1,

a the Kingdom of Denmark objects to the use of French in any application, communication or other document sent to its Central Authority (cf. Article 24, paragraph 2); and
b it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice (cf. Article 26, paragraph 3);

(3) in accordance with the provisions of Article 6, paragraph 1, the Kingdom of Denmark has designated as Central Authority:
"Ministry of Justice
Department of Private Law
(Civilretsdirektorat)" *

* As modified on 15 August 1991.



 ESTONIA (accession) 18 April 2001 1 July 2001

Under the following declaration and reservations:

"1) pursuant to Article 6, paragraph 1, of the Convention the Republic of Estonia designates the Ministry of Justice of the Republic of Estonia as the Central Authority;
2) pursuant to Article 42 and Article 24, paragraph 2, of the Convention the Republic of Estonia only accepts English language with regard to applications, communications or other documents;
3) pursuant to Article 42 and Article 26, paragraph 3, of the Convention the Republic of Estonia will not accept obligations with regard to expenses referred to in Article 26, paragraph 2, which result from the participation of a legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice."

The accession of Estonia has been accepted by:

Moldova 4 July 2001
Luxembourg 9 July 2001
Argentina 23 July 2001
Costa Rica 31 July 2001
Czech Republic 16 August 2001
Finland 14 September 2001
Germany 27 September 2001
Israel 8 January 2002
the Netherlands (for the Kingdom in Europe) 8 January 2002
Norway 31 January 2002
Hungary 11 March 2002
Uzbekistan 26 March 2002
Brazil 29 March 2002
Portugal 7 May 2002
Spain 8 May 2002

Entry into force between Estonia and:

Moldova 1 October 2001
Luxembourg 1 October 2001
Argentina 1 October 2001
Costa Rica 1 October 2001
Czech Republic 1 November 2001
Finland 1 December 2001
Germany 1 December 2001
Israel 1 April 2002
the Netherlands (for the Kingdom in Europe) 1 April 2002
Norway 1 April 2002
Hungary 1 June 2002
Uzbekistan 1 June 2002
Brazil 1 June 2002
Portugal 1 August 2002
Spain 1 August 2002



 FINLAND 25 May 1994 25 May 1994 1 August 1994

Under the following declarations:

"1. Finland declares, according to Article 42 and Article 24, paragraph 2, of the Convention, that it accepts only the use of English in applications, communications and other documents sent to its Central Authority.
2. Finland declares, according to Article 42 and Article 26, paragraph 3, of the Convention, that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice."

In accordance with Article 6, first paragraph, of the Convention Finland has designated as the Central Authority: "Ministry of Justice".



<
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 27 September 1991 27 September 1991