1961 Hague Convention

Objects

The Hague Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of infants (HC 61 ; RS 0.211.231.01) has the aim of enacting common provisions among the Contracting States concerning the jurisdiction of authorities and the law applicable to the protection of minors.

When does it apply

The HC 61 covers a very wide range of matters. The Convention encompasses all measures relating to the protection of the person and property of a minor taken by a judicial or administrative authority (art. 1 HC 61). Under the Convention, a "minor" (the Convention in fact uses the term "infant", but Hague Convention 96 uses "minor") is any person who has that status in accordance with both the domestic law of the State of his nationality and that of his habitual residence (art. 12 HC 61).

The HC 61 applies to all minors who have their habitual residence in one of the Contracting States (art. 13 HC 61). The judicial and administrative authorities of the State of habitual residence of a minor have the power to take protective measures.

The HC 61 also provides for several subsidiary fora as well as a mechanism for transferring jurisdiction

Contracting States

The list of Contracting States can be found on the website of the Hague Conference.

Legal Basis

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