| Bulgaria
In May 2003 Bulgaria deposited the
ratification instrument on the Hague Convention on the Civil Aspects of
International Child Abduction and the Convention entered into force for
Bulgaria on
August
1, 2003.
The effective date with respect to the
USA of Bulgaria's accession to the Convention is January 1, 2005.
The
procedure for reviewing and decision making on Hague Convention cases is
a court one and is regulated with the CCP of
Bulgaria.
For cases within the Convention’s field of application the Convention
itself is the applicable law. The court may not refuse to order a
child’s return on grounds other than the ones listed in the Convention.
Bulgaria
has made the following declaration under Art. 6 of the Convention, “In
compliance with Art. 6 of the Convention the Republic of Bulgaria
determines the Ministry of Justice located at 1 Slavyanska St., Republic
of Bulgaria, Sofia 1040, to be the central authority under the
Convention”.
The Law on
the Amendment and Supplement of the Code of Civil Procedure, published
in SG, issue 84 of 2003, introduces after Art. 501 a new, seventh
section, entitled Proceedings on a Child’s Return or on the Exercising
of the Right of Access. Art. 502 of it determines the Sofia City Court
to be the competent court to review and make decisions on cases on
applications for children’s return and for exercising of the right of
access. Under Art. 504 of the CCP, in cases under the Convention the
Sofia City Court must come with a decision within 30 days from the
application’s submission; under Art. 505 the appeal of the Sofia City
Court’s decision is filed with the Sofia Court of Appeals within 14 days
from the date of the decision, in compliance with the provisions of Art.
197 of the CCP.
The Sofia
Court of Appeals must come with a decision within 30 days from the date
of the submission of the appeal and this decision is final.
In carrying
out its powers as a central authority under the Convention, the Ministry
of Justice (MOJ) assists the parties for a voluntary resolution of the
dispute in child abduction and right to access cases. The application
filed with the ministry and the accompanying documents are filed through
the official channels with the Sofia City Court for its review and
decision.
The
ministry takes part in the court procedure through its representative.
It assists the party who filed the application in empowering a lawyer
and serves as a liaison between the central authority and the applicant
ensuring the best course of the proceedings and a timely decision on the
case from both court instances.
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