5. Article
Šīs Konvencijas mērķiem —
a) "tiesības uz aizbildnību" ietver tiesības, kas attiecas uz rūpēm par bērnu un, it īpaši, uz tiesībām noteikt bērna dzīvesvietu
b) "tiesības uz apmeklēšanu'' ietver tiesības aizvest uz noteiktu laika periodu bērnu uz vietu, kas nav bērna pastāvīgā dzīvesvieta.
- a)) "tiesības uz aizbildnību" ietver tiesības, kas attiecas uz rūpēm par bērnu un, it īpaši, uz tiesībām noteikt bērna dzīvesvietu
- a)) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
- b)) "tiesības uz apmeklēšanu'' ietver tiesības aizvest uz noteiktu laika periodu bērnu uz vietu, kas nav bērna pastāvīgā dzīvesvieta.
- b)) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
- a)) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
- b)) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
- a)) 'rights of custody' shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence
- b)) 'rights of access' shall include the right to take a child for a limited period of time to a place other than the child's habitual residence.
- a)) to discover the whereabouts of a child who has been wrongfully removed or retained;
- b)) to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
- c)) to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
- d)) to exchange, where desirable, information relating to the social background of the child;
- e)) to provide information of a general character as to the law of their State in connection with the application of the Convention;
- f)) to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access;
- g)) where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
- h)) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
- i)) to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.
- a)) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
- b)) where available, the date of birth of the child;
- c)) the grounds on which the applicant's claim for return of the child is based;
- d)) all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.
- e)) an authenticated copy of any relevant decision or agreement;
- f)) a certificate or an affidavit emanating from a Central Authority or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State;
- g)) any other relevant document.
- a)) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
- b)) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
- a)) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
- b)) any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.
- (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.
- (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
- (7)) the denunciations referred to in Article 44.
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