Hague Convention on the Protection of Children

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The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children , or Hague Convention on the Protection of Children (KSÜ) , is an international agreement.

It was adopted at the session of the Hague Conference on Private International Law on October 19, 1996. It replaces the Convention of October 5, 1961 on the Competence of Authorities and Applicable Law in the Field of the Protection of Minors , or the Hague Convention for the Protection of Minors (MSA). Among other things, the UN Convention on the Rights of the Child of November 20, 1989 was taken into account . The agreement was signed and ratified by Germany , Austria and Switzerland , among others .

According to Article 1.2, the term parental responsibility includes parental custody and any other corresponding custody relationship with its rights, powers and obligations. According to Article 5.1, the authorities of the Contracting State in which the child is habitually resident are competent to take measures to protect the child's person or property, be they courts or administrative authorities. According to 15.1, the authorities of the contracting states apply their own law when exercising their jurisdiction. The measures include, among other things, the assignment, exercise and complete or partial withdrawal of parental responsibility and the transfer thereof, as well as the placement in a foster family . In exceptional cases, other contracting states can also be asked to take protective measures, for example the state to which the child belongs or in which his or her property is located; also a state whose authorities have pending an application from the child's parents for divorce , separation , annulment or annulment of the marriage (Article 8).

The Federal Republic of Germany ratified the KSÜ on September 17, 2010. It is valid from January 1st, 2011. In Switzerland , the Convention was approved by the Federal Assembly on December 21, 2007 and the Swiss instrument of ratification was deposited on March 27, 2009. It came into force on July 1, 2009. Austria : The ratification instrument signed by the Federal President and countersigned by the Federal Chancellor was deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands on December 22, 2010; the convention is in accordance with its Art. 61 para. 2 lit. a came into force for Austria on April 1, 2011.

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Individual evidence

  1. ↑ This unofficial short title collides somewhat with the similar title of the Hague Convention on the Protection of Children and Cooperation in the Field of International Adoption ( BGBl. 2001 II pp. 1034, 1035 )
  2. ↑ Convention on the Competence of Authorities and Applicable Law in the Field of the Protection of Minors
  3. ↑ Federal Law Gazette 2009 II pp. 602, 603
  4. ↑ Status table for the KSÜ (accessed on December 17, 2010).
  5. ↑ Legal collection of the Swiss Confederation accessed on July 31, 2014
  6. ↑ Information in the legal information system of the Federal Chancellery accessed on July 31, 2014