Convention on contact concerning children

(Strasbourg, 15.V.2003)

 

Preamble

 

The member States of the Council of Europe and the other signatories hereto,

 

Taking into account the European Convention on Recognition and Enforcement of Decisions concerning

Custody of Children and on Restoration of Custody of Children of 20 May 1980 (ETS No. 105);

 

Taking into account the Hague Convention of 25 October 1980 on the Civil Aspects of International Child

Abduction and the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition,

Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children;

 

Taking into account the Council Regulation (EC) No. 1347/2000 of 29 May 2000 on jurisdiction and the

recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children

of both spouses;

 

Recognising that, as provided in the different international legal instruments of the Council of Europe as well as

in Article 3 of the United Nations Convention on the Rights of the Child of 20 November 1989, the best interests of

the child shall be a primary consideration;

 

Aware of the need for further provisions to safeguard contact between children and their parents and other

persons having family ties with children, as protected by Article 8 of the Convention for the Protection of Human

Rights and Fundamental Freedoms of 4 November 1950 (ETS No. 5);

 

Taking into account Article 9 of the United Nations Convention on the Rights of the Child which provides for

the right of a child, who is separated from one or both parents, to maintain personal relations and direct contact with

both parents on a regular basis, except when this is contrary to the child's best interests;

 

Taking into account paragraph 2 of Article 10 of the United Nations Convention on the Rights of the Child,

which provides for the right of the child whose parents reside in different States to maintain on a regular basis, save

in exceptional circumstances, personal relations and direct contacts with both parents;

 

Aware of the desirability of recognising not only parents but also children as holders of rights;

 

Agreeing consequently to replace the notion of "access to children" with the notion of "contact concerning

children";

 

Taking into account the European Convention on the Exercise of Children's Rights (ETS No. 160) and the

desirability of promoting measures to assist children in matters concerning contact with parents and other persons having family ties with children;

 

Agreeing on the need for children to have contact not only with both parents but also with certain other

persons having family ties with children and the importance for parents and those other persons to remain in contact

with children, subject to the best interests of the child;

 

Noting the need to promote the adoption by States of common principles with respect to contact concerning

children, in particular in order to facilitate the application of international instruments in this field;

 

Realising that machinery set up to give effect to foreign orders relating to contact concerning children is more

likely to provide satisfactory results where the principles on which these foreign orders are based are similar to the

principles in the State giving effect to such foreign orders;

 

Recognising the need, when children and parents and other persons having family ties with children live in

different States, to encourage judicial authorities to make more frequent use of transfrontier contact and to increase

the confidence of all persons concerned that the children will be returned at the end of such contact;

 

Noting that the provision of efficient safeguards and additional guarantees is likely to ensure the return of

children, in particular, at the end of transfrontier contact;

 

Noting that an additional international instrument is necessary to provide solutions relating in particular to

transfrontier contact concerning children;

 

Desiring to establish co-operation between all central authorities and other bodies in order to promote and

improve contact between children and their parents, and other persons having family ties with such children, and in

particular to promote judicial co-operation in cases concerning transfrontier contact;

 

Have agreed as follows: