56 / 391
NEWS LETTER 2 0 1 0
42
and the immediate return of children at the end of the period of contact. It
establishes co-operation between all the bodies and authorities concerned
with contact orders and reinforces the implementation of relevant existing
international legal instruments in this field.
States which are parties must provide a system for the recognition
and enforcement of orders made in other party states concerning contact
and rights of custody; a procedure whereby orders relating to contact
and rights of custody made in other party states may be recognized and
declared enforceable in advance of contact being exercised within the state
addressed.
The judicial authority of the party state in which a transfrontier
contact order made in another party state is to be implemented may, when
recognizing or declaring enforceable such a contact order, or at any later
time, fix or adapt the conditions for its implementation, as well as any
safeguards or guarantees attaching to it, if necessary for facilitating the
exercise of this contact, provided that the essential elements of the order are
respected and taking into account, in particular, a change of circumstances
and the arrangements made by the persons concerned. In no circumstances
may the foreign decision be reviewed as to its substance.
Where a child at the end of a period of transfrontier contact based on a
contact order is not returned, the competent authorities will, upon request,
ensure the child’s immediate return
,
where applicable, by applying the
relevant provisions of international instruments, of
internal law
and by
implementing, where appropriate, such safeguards and guarantees as may
be provided in the contact order. A decision on the return of the child will
be made, whenever possible, within six weeks of the date of an application
for the return.
The Convention concerns subject matter which causes many problems
in practice, which especially harm innocent children; thus, any attempt at
international cooperation in this matter is pleasing.