9. 1. States Parties shall ensure that a child
shall not be separated from his or her parents against their will, except when
competent authorities subject to judicial review determine, in accordance with
applicable law and procedures, that such separation is necessary for the best
interests of the child. Such determination may be necessary in a particular case
such as one involving abuse or neglect of the child by the parents, or one where
the parents are living separately and a decision must be made as to the child’s
place of residence.
2. In any proceedings pursuant to paragraph 1 of the present
article, all interested parties shall be given an opportunity to participate in
the proceedings and make their views known.
3. States Parties shall respect the right of the child who is
separated from one or both parents to maintain personal relations and direct
contact with both parents on a regular basis, except if it is contrary to the
child’s best interests.
4. Where such separation results from any action initiated by a
State Party, such as the detention, imprisonment, exile, deportation or death
(including death arising from any cause while the person is in the custody of
the State) of one or both parents or of the child, that State Party shall, upon
request, provide the parents, the child or, if appropriate, another member of
the family with the essential information concerning the whereabouts of the
absent member(s) of the family unless the provision of the information would be
detrimental to the well-being of the child. States Parties shall further ensure
that the submission of such a request shall of itself entail no adverse
consequences for the person(s) concerned.