CIDIP:
This
Convention was adopted at the Fourth Inter-American
Specialized Conference on Private International Law (CIDIP-IV),
held in Montevideo, Uruguay, July 1989.
Ratifications:
To date, the following countries have ratified this
Convention: [click
here]
Objective:
This
Convention has two objectives: 1) to secure the prompt
return of children that were wrongfully removed from one
State Party to another, or that, having been lawfully
removed, have been wrongfully retained; and 2) to secure
enforcement of visitation and custody rights of parties.
Summary:
The
Convention establishes a framework for the return of
children in favor of those with right of custody or any
similar right, by parents, tutors or legal guardians, or
any institution, in conformity with the applicable law
of the child’s habitual residence.
The
Convention allows parents, tutors or legal guardians, or
any institution with standing to request the Central
Authorities of another State Party to locate any
children that have their habitual residence in the
requesting State.
Such request must be accompanied by all pertinent
information concerning the presumed location of the
child, the circumstances and dates of the removal to the
foreign country, and, if possible, the person alleged to
have removed or retained the child.
If the authorities of a State Party learn that a
child wrongfully outside its habitual residence is
located within their jurisdiction, they shall
immediately take all appropriate measures to safeguard
the child’s health and prevent his or her concealment
or removal to another jurisdiction. Furthermore, said
localization will be communicated to the authorities of
the requesting State.
In
urgent cases, an application may be filed with the
authorities of the State Party in whose territory a
child is wrongfully located or presumed to be located,
or with the authorities of the State Party in which the
wrongful act, that
gave rise to the request, took place.