Convention concerning the powers of authorities and the law applicable in respect of the protection of infants

Authorities Austria

29-07-1975

Rectification of notification of 09-04-1975:
Courts and local authorities (child care departments) in which proceedings under the Convention are pending.
If no proceedings are pending in the territory of Austria or if the foreign authority is unaware of such proceedings, the Federal Ministery of Justice is designated as competent to receive information coming from abroad.

Authorities France

05-04-1973

Competent Authority:
1) The following authorities shall be competent to take measures by virtue of the provisions of the Convention and shall without delay communicate them to the authorities of the State of which the infant is a national or, where appropriate, the authorities of the State of his habitual residence:
a) for measures for the protection of the person of an infant: the "juge des enfants" (juvenile magistrate) for the area of jurisdiction in which the father, mother, tutor or guardian of the infant is domiciled or has his or her habitual residence or, failing this, the area of jurisdiction in which the infant has his habitual residence;
b) for measures for the protection of the property of the infant: the "juge de tutelles" (the guardianship magistrate) of the "tribunal d'instance" (magistrates' court) in the area of juridiction of which the infant has his domicile;
c) in general, any jurisdictional body before which proceedings concerning the measures provided for by the Convention are in progress;
d) in cases of emergency, the public prosecutor attached to the "tribunal de grande instance" (district court) in the area of jurisdiction of which the infant, his father, mother, tutor or guardian has his or her habitual residence and also the public prosecutor for the area in which the infant was found.
2) The following authorities shall be competent to receive without delay information about the measures taken by virtue of the provisions of the Convention in any of the other contracting States:
a) the juridictional bodies and authorities referrred to in para. 1 above;
b) failing domicile or habitual residence in France, and if there are no proceedings in progress before a jurisdictional body of any of the other authorities referred to above:
- for measures for the protection of the person of an infant:
Ministry of Justice, Division of Supervised Education;
- for measures for the protection of the property of an infant:
the "juge de tutelles" (guardianship magistrate) of the "tribunal d'instance" (magistrates' court) in the area of jurisdiction in which the infant has property.

28-02-1984

Competent Authority (modification):
2. a) the courts and authorities referred to in paragraph 1 above and, where decisions relating to the rights of custody and access to childeren are concerned the Ministry of Justice, Office of International Judicial Assistance of the Division of Civil Affairs and Seats.

03-01-1994

Competent Authority (modification):
Addition to number 2, letter b):
- for measures concerning parental responsibility for the custody of children and the right of access:
the Ministry of Justice,
European and International Legal Affairs Department.

15-11-2005

Competent Authority (modification point 2a):
Ministry of Justice
Division of Civil Affairs and Seats
Office of civil assistance and international commerce (D3).

12-02-2007

Competent Authorities (modification point 2b):
The following authorities are competent to receive information directly on orders made in another contracting State in the absence of an address or place of habitual residence in France, when no proceedings are under way before a court:
- for orders aimed at protecting the person of a minor:
Ministry of Justice,
Division of judicial protection of the youth,
- for orders aimed at protecting the property of a minor:
the judge responsible for appointing guardians at the court of first instance of the jurisdiction in which the minor's property is located;
- for orders relating to parental authority, the custody of children and rights of access:,
Ministry of Justice
Division of Civil Affairs and Seats
Office of civil assistance and international commerce.

Authorities Germany

07-02-1972

1. Authorities which have taken measures by virtue of the provisions of the Convention and which shall inform the authorities of the State of the infant's nationality of them and, where appropriate, those of the State of his habitual residence:
a) the "Vormundschaftsgericht" (guardianship court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his state of habitual residence, the "Vormundschaftsgericht" (guardianship court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention were pending at the time of the change of State.
2. The following authorities in the territory of Germany to which the Convention applies are competent to receive information of measures taken by virtue of the provisions of the Convention in other contracting States:
a) the "Vormundschaftsgericht" (guardianship court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his state of habitual residence, the "Vormundschaftsgericht" (guardianship court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention were pending at the time of the change of State;
c) if no proceedings are pending in the territory of Germany to which this Convention applies, the "Jugendamt" (local authority child care department) in the district in which the infant has his habitual residence;
d) if no proceedings are pending in the territory of Germany to which this Convention applies, and the infant does not have his habitual residence in that territory, the "Landesjugendamt" (central child care department) of Berlin.
The information may be given and received directly.

18-10-1984

Competent Authority (modification):
[...] that "Vormundschaftsgericht (Guardianship Court)" under 1, a and b, and 2, a and b, has been replaced by "Vormundschaftsgericht (Guardianship Court), Familiengericht (Family Court)".

23-11-2010

1. Authorities which have taken measures by virtue of the provisions of the Convention and which shall inform the authorities of the State of the infant's nationality of them and, where appropriate, those of the State of his habitual residence:
a) the "Familiengericht" (Family Court) or the "Jugendamt" (local authority child care
department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his State of habitual residence, the "Familiengericht"
(Family Court) or "Jugendamt" (local authority child care department) in which
proceedings under the provisions of the Convention were pending at the time of the
change of State.
2. The following authorities in the territory of Germany to which the Convention applies are competent to receive information of measures taken by virtue of the provisions of the Convention in other Contracting States:
a) the "Familiengericht" (Family Court) or "Jugendamt" (local authority child care
department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his State of habitual residence, the "Familiengericht"
(Family Court) or the "Jugendamt" (local authority child care department) in which
proceedings under the provisions of the Convention were pending at the time of the
change;
c) if no proceedings are pending in the territory of Germany to which this Convention
applies, the "Jugendamt" (local authority child care department) in the district in
which the infant has his habitual residence;
d) if no proceedings are pending in the territory of Germany to which this Convention
applies, and the infant does not have his habitual residence in that territory, the
"Landesjugendamt" (central child care department) of Berlin.
The information may be given and received directly.

Authorities Italy

22-02-1995

Competent Authority:
The Ministry of Justice - Central Office for the justice of minors.

Authorities Latvia

24-01-2001

Competent Authority:
National Centre for the Rights of the Child

01-07-2003

Competent Authority (modification):
Secretariat of Minister for Special Assignments for Children and Family Affairs

28-07-2004

Competent Authority (modification):
Ministry of Children and Family Affairs

02-09-2009

Competent Authority (Art. 11):
Ministry of Justice
Children Affairs Cooperation Division

Authorities Lithuania

10-12-2001

Competent Authority:
Ministry of Social Security and Labour of the Republic of Lithuania

19-09-2006

Competent Authority (Art. 11) (modification):
State Child Rights Protection and Adoption Service
Ministry of Social Security and Labour of the Republic of Lithuania

Authorities Luxembourg

05-11-1969

Competent Authority (Art. 11):
The Children's Judge in Luxembourg

Authorities Netherlands, the Kingdom of the

20-07-1971

Competent Authority:
for the Kingdom in Europe: the Minister of Justice of the Netherlands
for the Netherlands Antilles: the Minister of Justice of the Netherlands Antilles

23-06-1986

Competent Authority:
for Aruba: Ministry of Justice

25-07-2012

For the European part of the Netherlands: the Minister of Security and Justice of the Netherlands
For Sint Maarten: the Minister of Justice of Sint Maarten
for Curaçao: the Minister of Justice of Curaçao
for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba): the Minister of Security and Justice of the Netherlands

Authorities Poland

26-05-1993

Competent Authority (Art 11):
Ministry of Justice

Authorities Portugal

09-12-1968

Competent Authority (Art. 11):
La Direction Général des Services Tutélaires de Mineurs

10-08-1995

Competent Authority (Art. 11) (modification):
Instituto de Reinserção Social

28-02-2008

Competent Authority (Art. 11) (modification):
Direcção-Geral de Reinserção Social do Ministério da Justiça

Authorities Spain

22-05-1987

Competent Authority:
Secretaría General Técnica
Ministerio de Justicia

20-07-1994

Competent Authority (modification):
la Dirección General de Codificación y Cooperación Jurídica Internatiocional,
Ministerio de Justicia e Interior

12-03-1999

Competent Authority (modification):
Secretaría General Técnica del Ministerio de Justicia

20-11-2006

Competent Authority (modification):
Subdirección General de Cooperación Jurídica Internacional
Ministerio de Justicia

Authorities Switzerland

18-08-1969

Competent Authority:
Division of Justice and Police

27-06-1984

Competent Authority (modification):
Federal Office of Justice of the Federal Department of Justice and Police

Authorities Türkiye

04-10-1983

Competent Authority:
Adalet Bakanligi
Hukuk Isleri Genel Müdürlügü
(Ministry of Justice
Directorate-General for Civil Affairs)

06-12-2000

Competent Authority (modification):
Director for International Law and Foreign Relations of the Ministry of Justice