Article 10: Family reunification

Convention text

1. 

If a child or a parent applies to enter or leave a country in order to be reunited as a family, the government must deal with that application in a positive, humane and prompt manner. This is agreed by the countries that have signed the Convention, and it is also in line with Article 9(1): Separation of a child from their parents. These countries must also ensure that such an application does not have adverse consequences for anyone.

2.

A child whose parents live in a different country has the right to maintain regular direct personal contact with both parents, except in exceptional circumstances. For this reason, the countries that have signed the Convention must respect the right of children and their parents to enter or leave any country, including their own. This is in line with Article 9(1): Separation of a child from their parents. The right to leave a country may be restricted only if such restrictions are provided for by law and are necessary for national security, public order, public health, public morals, or for the protection of the rights and freedoms of others. These restrictions must also be consistent with the other rights set out in the Convention.

Key point

Every child who does not live with their parents has the right to be reunited with them and to live together as a family. A child who does not live with their parents also has the right to personal contact with them.

Explanation

If parents or children apply for family reunification, the government must deal with the application in a positive, humane and prompt manner. Family reunification means that family members who have been separated are able to live together again. This often involves family members living in different countries. If a child lives in a different country from their parents, the child has the right to maintain regular direct personal contact with them.