Annexes to JAI(2000)14 - Initiative of France with a view to adopting a Council Regulation on the mutual enforcement of judgments on rights of access to children - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | JAI(2000)14 - Initiative of France with a view to adopting a Council Regulation on the mutual enforcement of judgments on rights of access ... |
|---|---|
| document | JAI(2000)14 |
| date | November 27, 2003 |
CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING JUDGMENTS IN MATRIMONIAL MATTERS(1)
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./fax/e-mail
3. Marriage
3.1. Wife
3.1.1. Full name
3.1.2. Address
3.1.3. Country and place of birth
3.1.4. Date of birth
3.2. Husband
3.2.1. Full name
3.2.2. Address
3.2.3. Country and place of birth
3.2.4. Date of birth
3.3. Country, place (where available) and date of marriage
3.3.1. Country of marriage
3.3.2. Place of marriage (where available)
3.3.3. Date of marriage
4. Court which delivered the judgment
4.1. Name of Court
4.2. Place of Court
5. Judgment
5.1. Date
5.2. Reference number
5.3. Type of judgment
5.3.1. Divorce
5.3.2. Marriage annulment
5.3.3. Legal separation
5.4. Was the judgment given in default of appearance?
5.4.1. No
5.4.2. Yes(2)
6. Names of parties to whom legal aid has been granted
7. Is the judgment subject to further appeal under the law of the Member State of origin?
7.1. No
7.2. Yes
8. Date of legal effect in the Member State where the judgment was given
8.1. Divorce
8.2. Legal separation
Done at ..., date ...
Signature and/or stamp
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
(2) Documents referred to in Article 37(2) must be attached.
ANNEX II
CERTIFICATE REFERRED TO IN ARTICLE 39 CONCERNING JUDGMENTS ON PARENTAL RESPONSIBILITY(1)
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./Fax/e-mail
3. Person(s) with rights of access
3.1. Full name
3.2. Address
3.3. Date and place of birth (where available)
4. Holders of parental responsibility other than those mentioned under 3(2)
4.1. 4.1.1. Full name
4.1.2. Address
4.1.3. Date and place of birth (where available)
4.2. 4.2.1. Full Name
4.2.2. Address
4.2.3. Date and place of birth (where available)
4.3. 4.3.1. Full name
4.3.2. Address
4.3.3. Date and place of birth (where available)
5. Court which delivered the judgment
5.1. Name of Court
5.2. Place of Court
6. Judgment
6.1. Date
6.2. Reference number
6.3. Was the judgment given in default of appearance?
6.3.1. No
6.3.2. Yes(3)
7. Children who are covered by the judgment(4)
7.1. Full name and date of birth
7.2. Full name and date of birth
7.3. Full name and date of birth
7.4. Full name and date of birth
8. Names of parties to whom legal aid has been granted
9. Attestation of enforceability and service
9.1. Is the judgment enforceable according to the law of the Member State of origin?
9.1.1. Yes
9.1.2. No
9.2. Has the judgment been served on the party against whom enforcement is sought?
9.2.1. Yes
9.2.1.1. Full name of the party
9.2.1.2. Address
9.2.1.3. Date of service
9.2.2. No
10. Specific information on judgments on rights of access where "exequatur" is requested under Article 28. This possibility is foreseen in Article 40(2).
10.1. Practical arrangements for exercise of rights of access (to the extent stated in the judgment)
10.1.1. Date and time
10.1.1.1. Start
10.1.1.2. End
10.1.2. Place
10.1.3. Specific obligations on holders of parental responsibility
10.1.4. Specific obligations on the person with right of access
10.1.5. Any restrictions attached to the exercise of rights of access
11. Specific information for judgments on the return of the child in cases where the "exequatur" procedure is requested under Article 28. This possibility is foreseen under Article 40(2).
11.1. The judgment entails the return of the child
11.2. Person to whom the child is to be returned (to the extent stated in the judgment)
11.2.1. Full name
11.2.2 Address
Done at ..., date ....
Signature and/or stamp
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
(2) In cases of joint custody, a person already mentioned under item 3 may also be mentioned under item 4.
(3) Documents referred to in Article 37(2) must be attached.
(4) If more than four children are covered, use a second form.
ANNEX III
CERTIFICATE REFERRED TO IN ARTICLE 41(1) CONCERNING JUDGMENTS ON RIGHTS OF ACCESS(1)
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./fax/e-mail
3. Person(s) with rights of access
3.1. Full name
3.2. Address
3.3. Date and place of birth (where available)
4. Holders of parental responsibility other than those mentioned under 3(2)(3)
4.1. 4.1.1. Full name
4.1.2. Address
4.1.3. Date and place of birth (where available)
4.2. 4.2.1. Full name
4.2.2. Address
4.2.3. Date and place of birth (where available)
4.3. Other
4.3.1. Full name
4.3.2. Address
4.3.3. Date and place of birth (where available)
5. Court which delivered the judgment
5.1. Name of Court
5.2. Place of Court
6. Judgment
6.1. Date
6.2. Reference number
7. Children who are covered by the judgment(4)
7.1. Full name and date of birth
7.2. Full name and date of birth
7.3. Full name and date of birth
7.4. Full name and date of birth
8. Is the judgment enforceable in the Member State of origin?
8.1. Yes
8.2. No
9. Where the judgment was given in default of appearance, the person defaulting was served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence, or the person has been served with the document but not in compliance with these conditions, it is nevertheless established that he or she accepted the decision unequivocally
10. All parties concerned were given an opportunity to be heard
11. The children were given an opportunity to be heard, unless a hearing was considered inappropriate having regard to their age or degree of maturity
12. Practical arrangements for exercise of rights of access (to the extent stated in the judgment)
12.1. Date and time
12.1.1. Start
12.1.2. End
12.2. Place
12.3. Specific obligations on holders of parental responsibility
12.4. Specific obligations on the person with right of access
12.5. Any restrictions attached to the exercise of rights of access
13. Names of parties to whom legal aid has been granted
Done at ..., date ....
Signature and/or stamp
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
(2) In cases of joint custody, a person already mentioned under item 3 may also be mentioned in item 4.
(3) Please put a cross in the box corresponding to the person against whom the judgment should be enforced.
(4) If more than four children are concerned, use a second form.
ANNEX IV
CERTIFICATE REFERRED TO IN ARTICLE 42(1) CONCERNING THE RETURN OF THE CHILD(1)
1. Member State of origin
2. Court or authority issuing the certificate
2.1. Name
2.2. Address
2.3. Tel./fax/e-mail
3. Person to whom the child has to be returned (to the extent stated in the judgment)
3.1. Full name
3.2. Address
3.3. Date and place of birth (where available)
4. Holders of parental responsibility(2)
4.1. Mother
4.1.1. Full name
4.1.2. Address (where available)
4.1.3. Date and place of birth (where available)
4.2. Father
4.2.1. Full name
4.2.2. Address (where available)
4.2.3. Date and place of birth (where available)
4.3. Other
4.3.1. Full name
4.3.2. Address (where available)
4.3.3. Date and place of birth (where available)
5. Respondent (where available)
5.1. Full name
5.2. Address (where available)
6. Court which delivered the judgment
6.1. Name of Court
6.2. Place of Court
7. Judgment
7.1. Date
7.2. Reference number
8. Children who are covered by the judgment(3)
8.1. Full name and date of birth
8.2. Full name and date of birth
8.3. Full name and date of birth
8.4. Full name and date of birth
9. The judgment entails the return of the child
10. Is the judgment enforceable in the Member State of origin?
10.1. Yes
10.2. No
11. The children were given an opportunity to be heard, unless a hearing was considered inappropriate having regard to their age or degree of maturity
12. The parties were given an opportunity to be heard
13. The judgment entails the return of the children and the court has taken into account in issuing its judgment the reasons for and evidence underlying the decision issued pursuant to Article 13 of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
14. Where applicable, details of measures taken by courts or authorities to ensure the protection of the child after its return to the Member State of habitual residence
15. Names of parties to whom legal aid has been granted
Done at ..., date ....
Signature and/or stamp
(1) Council Regulation (EC) No 2201 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
(2) This item is optional.
(3) If more than four children are covered, use a second form.
ANNEX V
COMPARATIVE TABLE WITH REGULATION (EC) No 1347/2000
>TABLE>
ANNEX VI
Declarations by Sweden and Finland pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
Declaration by Sweden:
Pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000, Sweden hereby declares that the Convention of 6 February 1931 between Denmark, Finland, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply in full in relations between Sweden and Finland, in place of the rules of the Regulation.
Declaration by Finland:
Pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000, Finland hereby declares that the Convention of 6 February 1931 between Finland, Denmark, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply in full in relations between Finland and Sweden, in place of the rules of the Regulation.