Agreement on the regulation of guardianship for minors
The agreement on the regulation of guardianship over minors of June 12, 1902 was passed at the Hague Conference on Private International Law and ratified by Germany on June 1, 1904 ( Reichsgesetzblatt , Volume 1904, No. 27, Pages 240–249). It came into force on July 30, 1904. The total of thirteen articles regulate guardianship for minors who have their habitual residence outside their country of origin in another contracting state.
Article 1 reads: "The guardianship of a minor is determined by the law of the state to which he belongs (law of the home state)."
If the country of origin has no legal regulations for guardianship , the care of diplomatic or consular representatives can be taken over according to Article 2: “If the law of the home country provides for a guardianship to be ordered in the event that the minor has his habitual residence abroad in the home country, the diplomatic or consular representative authorized by the home country of the minor may take care of the welfare in accordance with the law of that country, provided the country in whose territories the minor has his habitual residence does not object. "
In cases where this is not possible, according to Article 3 “... the law of the place of residence can be decisive for the arrangement and management of guardianship over a minor who has his habitual residence abroad.” According to Article 4, later "Nevertheless, a new guardianship based on Article 1 or Article 2 can be ordered."
In the “Announcement on the re-application of the agreement on the guardianship of minors in relation to Luxembourg” of April 19, 1955, it was stated that the agreement is now also valid again between the Federal Republic and Luxembourg.
The agreement in Germany was replaced by the Convention on the Competence of Authorities and Applicable Law in the Field of the Protection of Minors of 1961. In 1970 the “Law on the Hague Convention of October 5, 1961 on the Competence of Authorities and Applicable Law on the Protection of Minors ”in Germany.
The Hague Convention on the Protection of Children has been in force in Germany and other signatory states since 2011 .
