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Making Decision

According to the provisions of the Convention, the procedure upon these requests is urgent. However, considering the complexity of the matters regulated by the Convention, the possibility of lodging a complaint and different legal systems and internal forms of organizations of the state parties of the Convention, the procedure itself may last relatively long.

The Convention also foresees the possibility that the competent court may make a decision which rejects the request for returning of the illegally removed or retained child.

Decision on returning or seeing of a child is made by the local competent court in the country where the child currently lives. All legal means provided by the domestic legislation of the state party are allowed to be used against the first instance decision on returning (or refusing of the return) or permission to see the child.