THE HAGUE CONVENTION OF 19 OCTOBER 1996 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children

Summary

The States signatory to the present Convention,

Considering the need to improve the protection of children in international situations, Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,

Recalling the importance of international co-operation for the protection of children, Confirming that the best interests of the child are to be a primary consideration,

Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision, Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,

Have agreed on the following provisions –

CHAPTER I

Scope of the Convention

Article 1

• (1) The objects of the present Convention are –

  • a) to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;

  • b) to determine which law is to be applied by such authorities in exercising their jurisdiction;

  • c) to determine the law applicable to parental responsibility;

  • d) to provide for the recognition and enforcement of such measures of protection in all Contracting States;

  • e) to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.

• (2) For the purposes of this Convention, the term ‘parental responsibility’ includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians or other legal representatives in relation to the person or the property of the child.

Article 2

The Convention applies to children from the moment of their birth until they reach the age of 18 years.