Special Rules of Evidence
The Convention provides special rules for admission and consideration of evidence independent of the evidentiary standards set by any member nation. Article 30 provides that the Application for Assistance, as well as any documents attached to that application or submitted to or by the Central Authority are admissible in any proceeding for a child's return. The Convention also provides that no member nation can require legalization or other similar formality of the underlying documents in context of a Convention proceeding. Furthermore, the court in which a Convention action is proceeding shall “take notice directly of the law of, and of judicial or administrative decisions, formally recognized or not in the State of habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable" when determining whether there is a wrongful removal or retention under the Convention.
Read more about this topic: Hague Convention On The Civil Aspects Of International Child Abduction
Famous quotes containing the words special, rules and/or evidence:
“If there is a special Hell for writers it would be in the forced contemplation of their own works, with all the misconceptions, the omissions, the failures that any finished work of art implies.”
—John Dos Passos (1896–1970)
“There is no country in which so absolute a homage is paid to wealth. In America there is a touch of shame when a man exhibits the evidences of large property, as if after all it needed apology. But the Englishman has pure pride in his wealth, and esteems it a final certificate. A coarse logic rules throughout all English souls: if you have merit, can you not show it by your good clothes and coach and horses?”
—Ralph Waldo Emerson (1803–1882)
“Faith. Belief without evidence in what is told by one who speaks without knowledge, of things without parallel.”
—Ambrose Bierce (1842–1914)