Chapter I. Objects of the Convention and definitions

 

Article 1

 

Objects of the Convention

 

The objects of this Convention are:

 

a to determine general principles to be applied to contact orders;

 

b to fix appropriate safeguards and guarantees to ensure the proper exercise of contact and the immediate

return of children at the end of the period of contact;

 

c to establish co-operation between central authorities, judicial authorities and other bodies in order to

promote and improve contact between children and their parents, and other persons having family ties with children.

 

 

Article 2

 

Definitions

 

For the purposes of this Convention:

 

a "contact" means:

 

i the child staying for a limited period of time with or meeting a person mentioned in Articles 4 or 5 with whom

he or she is not usually living;

 

ii any form of communication between the child and such person;

 

iii the provision of information to such a person about the child or to the child about such a person.

 

b "contact order" means a decision of a judicial authority concerning contact, including an agreement

concerning contact which has been confirmed by a competent judicial authority or which has been formally drawn up

or registered as an authentic instrument and is enforceable;

 

c "child" means a person under 18 years of age in respect of whom a contact order may be made or enforced

in a State Party;

 

d "family ties" means a close relationship such as between a child and his or her grandparents or siblings,

based on law or on a de facto family relationship;

 

e "judicial authority" means a court or an administrative authority having equivalent powers.

 

Chapter II. GENERAL PRINCIPLES TO BE APPLIED

 

TO CONTACT ORDERS

 

Article 3

 

Application of principles

 

States Parties shall adopt such legislative and other measures as may be necessary to ensure that the principles

contained in this chapter are applied by judicial authorities when making, amending, suspending or revoking contact

orders.

 

Article 4

 

Contact between a child and his or her parents

 

1 A child and his or her parents shall have the right to obtain and maintain regular contact with each other.

 

2 Such contact may be restricted or excluded only where necessary in the best interests of the child.

 

3 Where it is not in the best interests of a child to maintain unsupervised contact with one of his or her parents

the possibility of supervised personal contact or other forms of contact with this parent shall be considered.

 

Article 5

 

Contact between a child and persons other

 

Than his or her parents

 

1 Subject to his or her best interests, contact may be established between the child and persons other than his

or her parents having family ties with the child.

 

2 States Parties are free to extend this provision to persons other than those mentioned in paragraph 1, and

where so extended, States may freely decide what aspects of contact, as defined in Article 2 letter a. shall apply.

 

Article 6

 

The right of a child to be informed, consulted

 

And to express his or her views

 

1 A child considered by internal law as having sufficient understanding shall have the right, unless this would be

manifestly contrary to his or her best interests:

 

- to receive all relevant information;

 

- to be consulted;

 

- to express his or her views.

 

2 Due weight shall be given to those views and to the ascertainable wishes and feelings of the child.

 

Article 7

 

Resolving disputes concerning contact

 

When resolving disputes concerning contact, the judicial authorities shall take all appropriate measures:

 

a to ensure that both parents are informed of the importance for their child and for both of them of establishing

and maintaining regular contact with their child;

 

b to encourage parents and other persons having family ties with the child to reach amicable agreements with

respect to contact, in particular through the use of family mediation and other processes for resolving disputes;

 

c before taking a decision, to ensure that they have sufficient information at their disposal, in particular from the

holders of parental responsibilities, in order to take a decision in the best interests of the child and, where necessary,

obtain further information from other relevant bodies or persons.

 

Article 8

 

Contact agreements

 

1 States Parties shall encourage, by means they consider appropriate, parents and other persons having family

ties with the child to comply with the principles laid down in Articles 4 to 7 when making or modifying agreements

on contact concerning a child. These agreements should preferably be in writing.

 

2 Upon request, judicial authorities shall, except where internal law otherwise provides, confirm an agreement

on contact concerning a child, unless it is contrary to the best interests of the child.

 

Article 9