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Details of Treaty No.105
|Title||European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children|
|Opening of the treaty||Luxembourg, 20/05/1980 - Treaty open for signature by the member States and for accession by non-member States|
|Entry into Force||01/09/1983 - 3 Ratifications.|
The Convention protects custody and access rights in international situations and provides for free, prompt, non-bureaucratic assistance from central authorities designated by each Party in discovering the whereabouts and restoring custody of a child improperly removed.
Application for the restoration of custody of a child may be made directly either to a court or to the central authorities of any Party concerned. Central authorities are required, inter alia:
The Convention deals with various situations and offers specific solutions. For instance, if application is made within six months of the improper removal of a child, restoration of custody is to be immediate and subject to no condition other than the establishment of the facts:
If these conditions are not met but the application is lodged within the six-month time-limit, restoration of custody is subject to stricter conditions. Once the six-month time-limit has expired, restoration of custody is subject to more numerous conditions, since the child may already be integrated into a different environment.
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