Stop child abductions

The following States made the following declarations and reservations when depositing their instruments of ratification, acceptance, approval:

Poland
Reservation:
In accordance with Article 42, the Republic of Poland makes the reservation pursuant to Article 26, paragraph 3, of the Convention and declares that it shall not be bound to assume any costs referred to in the preceding paragraph, resulting from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

 

Chile
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.

 

Denmark
Denmark stated that:

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). 

France
Reservations and Declarations

1. In accordance with the provisions of Article 42 and pursuant to Article 42, paragraph 2, the Government will consider only those applications which are drawn up in French, or are accompanied by a translation into French, and will require a translation into French of any communication or document sent to its central authority.
2. In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government declares that it will assume the costs referred to in paragraph 2 of Article 26 only insofar as those costs are covered by the French system of legal aid.
3. In accordance with the provisions of Article 39, the Government declares that the Convention shall extend to the whole of the territory of the French Republic. 

 

The Netherlands

Reservation:
The Kingdom of the Netherlands shall not be bound to assume any costs referred to in Article 26 paragraph 2 of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980, 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.

The Netherlands declares that the Convention applies only to the Kingdom in Europe.

 

Israel
Reservation:
In accordance with Articles 26 and 42 of the Convention, the State of Israel hereby declares that, in proceedings under the Convention, 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. 

 

Canada
In accordance with Article 40 of the Convention, the Government of Canada has extended it, with validity from the following dates, to cover the following provinces and territories:
Ontario, New Brunswick, British Columbia and Manitoba as from 1 December 1983.
Nova Scotia as from 1 May 1984.
Newfoundland as from 1 October 1984.
Quebec as from 1 January 1985.
Yukon Territory as from 1 February 1985.
Prince Edward Island as from 1 May 1985.
Saskatchewan as from 1 November 1986.
Alberta as from 1 February 1987.
Northwest Territories as from 1 April 1988.

 

Central authorities:

1. In accordance with Articles 42 and 24 paragraph 2, a translation into French of all applications, communications and other documents relating to the province of Quebec shall be required if the original language is not French or English.
2. In accordance with Articles 42 and 26 paragraph 3, the Government of Canada declares that with respect to applications submitted under the Convention relating to the provinces of Ontario, New Brunswick, British Columbia, Manitoba, Nova Scotia, Newfoundland, Quebec, Yukon Territory, Prince Edward Island, Saskatchewan, Alberta, and the Northwest Territories – Canada shall bear the costs referred to in Article 26 paragraph 2 only insofar as they are covered by the provincial system of legal aid. 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 in respect of other parts of the territory.

 

Luxembourg
Reservation:
The Grand-Duchy of Luxembourg declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, namely the costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs are covered by the Luxembourg system of legal aid and advice.

Monaco
Reservation:
In conformity with Article 26, paragraph 3, of the Convention, the Principality of Monaco declares 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.

 

Germany
Reservation:
The Federal Republic of Germany declares in accordance with the third paragraph of Article 26 that it is not bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its regulations concerning legal aid and advice.

Declaration:
The Federal Republic of Germany assumes that, in accordance with the first paragraph of Article 24, applications from other Contracting States shall regularly be accompanied by a translation into German. 

 

Norway
Reservation:
1. In accordance with Articles 24 and 42, the Norwegian Government reserves the right not to accept applications, communications or other documents sent to the general authority in French.
2. In accordance with Articles 26 and 42, Norway makes the reservation that 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 Act of 13 June 1980 relating to free legal aid.

 

New Zealand

Declarations:
The Government of New Zealand hereby declares in accordance with Article 24 and Article 42 of the Convention that any application, communication or other document sent to its central authority should either be in the English language or accompanied by a translation thereof in the English language;

The Government of New Zealand hereby further declares in accordance with Article 26 and Article 42 of the Convention that it reserves the right not to be bound to assume the costs referred to in Article 26 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.

 

United States of America

Reservations:
1) Pursuant to the second paragraph of Article 24, and Article 42, the United States makes the following reservation:

All applications, communications and other documents sent to the U.S. central authority should be accompanied by a translation into English.

2) Pursuant to the second paragraph of Article 26, the United States declares that it will not be bound to assume any costs or expenses resulting from the participation of legal counsel or advisers or from court and legal proceedings in connection with efforts to return children from the United States pursuant to the Convention except insofar as those costs or expenses are covered by a legal aid program.

Sweden
Reservation:
In accordance with the provisions of Article 42 and pursuant to Article 26, Sweden declares 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 the Swedish system of legal aid. 

 

United Kingdom of Great Britain and Northern Ireland

Ratification only concerns the United Kingdom of Great Britain and Northern Ireland with the following reservation:

In accordance with the provisions of Article 42 of the Convention, the United Kingdom declares that it shall not be bound to assume any costs referred to in the second paragraph 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.

– and declarations:

a) In accordance with Article 39 of the Convention, the United Kingdom will notify the depositary in due course of the territories for the international relations of which it is responsible, to which the Convention is to be extended,
b) The Government of the United Kingdom extended the Convention to the Isle of Man by a declaration which entered into force on 1 September 1991.