Duties of the central authorities

 

The central authorities of States Parties shall:

 

a co-operate with each other and promote co-operation between the competent authorities, including judicial

authorities, in their respective countries to achieve the purposes of the Convention. They shall act with all necessary

despatch;

 

b with a view to facilitating the operation of this Convention, provide each other on request with information

concerning their laws relating to parental responsibilities, including contact and any more detailed information

concerning safeguards and guarantees in addition to that already provided according to paragraph 1 of Article 10,

and their available services (including legal services, publicly funded or otherwise) as well as information concerning

any changes in these laws and services;

 

c take all appropriate steps in order to discover the whereabouts of the child;

 

d secure the transmission of requests for information coming from the competent authorities and relating to legal or factual matters concerning pending proceedings;

 

e keep each other informed of any difficulties likely to arise in applying the Convention and, as far as possible,

eliminate obstacles to its application.

 

Article 13

 

International co-operation

 

1 The judicial authorities, the central authorities and the social and other bodies of States Parties concerned,

acting within their respective competence, shall co-operate in relation to proceedings regarding transfrontier contact.

 

2 In particular, the central authorities shall assist the judicial authorities of States Parties in communicating with

each other and obtaining such information and assistance as may be necessary for them to achieve the objects of this

Convention.

 

3 In transfrontier cases, the central authorities shall assist children, parents and other persons having family ties

with the child, in particular, to institute proceedings regarding transfrontier contact.

 

Article 14

 

Recognition and enforcement of transfrontier contact orders

 

1 States Parties shall provide, including where applicable in accordance with relevant international instruments:

 

a a system for the recognition and enforcement of orders made in other States Parties concerning contact and

rights of custody;

 

b a procedure whereby orders relating to contact and rights of custody made in other States Parties may be

recognised and declared enforceable in advance of contact being exercised within the State addressed.

 

2 If a State Party makes recognition or enforcement or both of a foreign order conditional on the existence of

a treaty or reciprocity, it may consider this Convention as such a legal basis for recognition or enforcement or both

of a foreign contact order.

 

Article 15

 

Conditions for implementing transfrontier contact orders

 

The judicial authority of the State Party in which a transfrontier contact order made in another State Party is to

be implemented may, when recognising 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.

 

Article 16

 

Return of a child

 

1 Where a child at the end of a period of transfrontier contact based on a contact order is not returned, the

competent authorities shall, 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.

 

2 A decision on the return of the child shall be made, whenever possible, within six weeks of the date of an

application for the return.

 

Article 17

 

Costs

 

With the exception of the cost of repatriation, each State Party undertakes not to claim any payment from an

applicant in respect of any measures taken under this Convention by the central authority itself of that State on the

applicant's behalf.

 

Article 18

 

Language requirement

 

1 Subject to any special agreements made between the central authorities concerned:

 

a communications to the central authority of the State addressed shall be made in the official language or in one of the official languages of that State or be accompanied by a translation into that language;

 

b the central authority of the State addressed shall nevertheless accept communications made in English or in

French, or accompanied by a translation into one of these languages.

 

2 Communications coming from the central authority of the State addressed, including the results of enquiries

carried out, may be made in the official language or one of the official languages of that State or in English or French.

 

3 However, a State Party may, by making a declaration addressed to the Secretary General of the Council of

Europe, object to the use of either French or English under paragraphs 1 and 2 of this article, in any application,

communication or other documents sent to their central authorities.