Annexes to COM(2016)411 - Jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)411 - Jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental ... |
|---|---|
| document | COM(2016)411  |
| date | June 25, 2019 |
CERTIFICATE TO BE ISSUED BY THE COURT FOLLOWING A DECISION REFUSING THE RETURN OF A CHILD TO ANOTHER MEMBER STATE BASED SOLELY ON POINT (B) OF ARTICLE 13(1), OR ON ARTICLE 13(2), OR BOTH, OF THE 1980 HAGUE CONVENTION (1)
(Article 29(2) of Council Regulation (EU) No 2019/1111 (2))
Information for the persons receiving this certificate for the purposes of Article 29(5) of the Regulation
If on the date of the decision refusing the return of the child, indicated in point 3, no proceedings on the substance of rights of custody are pending yet in the Member State where the child was habitually resident immediately before the wrongful removal or retention, you have the possibility to seise a court in that State with an application regarding the substance of rights of custody in accordance with Article 29(5) of the Regulation.
If the court is seised within three months of the notification of the decision refusing the return of the child, any decision resulting from those proceedings regarding the substance of rights of custody which entails the return of the child to that Member State will be enforceable in any other Member State in accordance with Article 29(6) of the Regulation, without any special procedure being required and without any possibility of opposing its recognition unless and to the extent that irreconcilability with a decision referred to in Article 50 of the Regulation is found to exist, provided that a certificate in accordance with Article 47 has been issued for the decision. If the court is seised after the three months have expired, or the conditions for issuing a certificate in accordance with Article 47 of the Regulation are not met, the resulting decision regarding the substance of rights of custody will be recognised and enforced in other Member States in accordance with Section 1 of Chapter IV of the Regulation.
The party seising the court of the Member State where the child was habitually resident immediately before the wrongful removal or retention shall submit to that court the following documents:
| (a) | a copy of the decision refusing the return of the child; |
| (b) | this certificate; and |
| (c) | where applicable, a transcript, summary or minutes of the hearing as indicated in point 4.1. |
Information for the court receiving this certificate for the purposes of Article 29(3) of the Regulation (3)
This certificate was issued because the child(ren) indicated in point 5 was (were) wrongfully removed to, or retained in, the Member State of the court issuing this certificate. Proceedings for the return of the child(ren) pursuant to the 1980 Hague Convention were brought because the person indicated in point 6.1 claimed that the child(ren)’s removal or retention was in breach of rights of custody and at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention according to the 1980 Hague Convention. This court has refused the return of one or more of the children subject to the proceedings based solely on point (b) of Article 13(1), or Article 13(2), or both, of the 1980 Hague Convention.
Where proceedings on the substance of rights of custody are already pending in the Member State where the child was habitually resident immediately before the wrongful removal or retention at the time that this court gave its decision indicated in point 3 which refuses the return of a child based solely on point (b) of Article 13(1), or Article 13(2), or both, of the 1980 Hague Convention, Article 29(3) of the Regulation provides that this court, if it is aware of those proceedings, shall, within one month of the date of its decision, transmit to the court seised with proceedings on the substance of rights of custody, either directly or through the Central Authorities, the following documents:
| (a) | a copy of its decision refusing the return of the child; |
| (b) | this certificate; and |
| (c) | where applicable, a transcript, summary or minutes of the hearing as indicated in point 4.1 and any other documents this court considers relevant as indicated in point 4.2. |
The court seised of proceedings on the substance of rights of custody may, where necessary, require a party to provide a translation or transliteration, in accordance with Article 91 of the Regulation, of the decision and any other document attached to this certificate (Article 29(4) of the Regulation).
1. MEMBER STATE OF ORIGIN OF THE DECISION REFUSING THE RETURN OF THE CHILD(REN)* (4)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE*
| 2.1. | Name* |
| 2.2. | Address* |
| 2.3. | Tel./fax/e-mail* |
3. DECISION*
| 3.1. | Date (dd/mm/yyyy)* |
| 3.2. | Reference number* |
4. ADDITIONAL DOCUMENTS (WHICH MAY BE SHARED WITH THE PARTIES)*
4.1. A transcript, summary or minutes of the hearing*
| 4.1.1. | Yes |
| 4.1.2. | No |
4.2. Any other documents the court considers relevant* (5)
| 4.2.1. | Yes (please specify) |
| 4.2.2. | No |
5. CHILD(REN) (6) NOT TO BE RETURNED ACCORDING TO THE DECISION*
5.1. Child 1*
| 5.1.1. | Surname(s)* |
| 5.1.2. | Given name(s)* |
| 5.1.3. | Date of birth (dd/mm/yyyy)* |
| 5.1.4. | Place of birth (if available) |
| 5.1.5. | Identity number or social security number (if applicable and available) |
5.2. Child 2
| 5.2.1. | Surname(s) |
| 5.2.2. | Given name(s) |
| 5.2.3. | Date of birth (dd/mm/yyyy) |
| 5.2.4. | Place of birth (if available) |
| 5.2.5. | Identity number or social security number (if applicable and available) |
5.3. Child 3
| 5.3.1. | Surname(s) |
| 5.3.2. | Given name(s) |
| 5.3.3. | Date of birth (dd/mm/yyyy) |
| 5.3.4. | Place of birth (if available) |
| 5.3.5. | Identity number or social security number (if applicable and available) |
6. PERSONS (7) CONCERNED BY THE RETURN PROCEEDINGS*
6.1. Person seeking the return of the child(ren)*
| 6.1.1. | Natural person |
| 6.1.1.1. | Surname(s) |
| 6.1.1.2. | Given name(s) |
| 6.1.1.3. | Date of birth (dd/mm/yyyy) |
| 6.1.1.4. | Place of birth (if available) |
| 6.1.1.5. | Identity number or social security number (if applicable and available) |
| 6.1.1.6. | Address (if available) |
| 6.1.1.6.1. | as stated in the decision … |
| 6.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 6.1.2. | Legal person, institution or other body |
| 6.1.2.1. | Full name |
| 6.1.2.2. | Identification number (if applicable and available) |
| 6.1.2.3. | Address (if available) |
6.2. Respondent*
| 6.2.1. | Natural person |
| 6.2.1.1. | Surname(s) |
| 6.2.1.2. | Given name(s) |
| 6.2.1.3. | Date of birth (dd/mm/yyyy) |
| 6.2.1.4. | Place of birth (if available) |
| 6.2.1.5. | Identity number or social security number (if applicable and available) |
| 6.2.1.6. | Address (if available) |
| 6.2.1.6.1. | as stated in the decision … |
| 6.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 6.2.2. | Legal person, institution or other body |
| 6.2.2.1. | Full name |
| 6.2.2.2. | Identification number (if applicable and available) |
| 6.2.2.3. | Address (if available) |
7. THE DECISION REFUSING THE RETURN OF THE CHILD(REN) (8) TO ANOTHER MEMBER STATE IS BASED SOLELY ON ONE, OR BOTH, OF THE FOLLOWING PROVISIONS*
7.1. Child 1*
| 7.1.1. | Point (b) of Article 13(1) of the 1980 Hague Convention |
| 7.1.2. | Article 13(2) of the 1980 Hague Convention |
7.2. Child 2
| 7.2.1. | Point (b) of Article 13(1) of the 1980 Hague Convention |
| 7.2.2. | Article 13(2) of the 1980 Hague Convention |
7.3. Child 3
| 7.3.1. | Point (b) of Article 13(1) of the 1980 Hague Convention |
| 7.3.2. | Article 13(2) of the 1980 Hague Convention |
8. AT THE DATE OF THE DECISION INDICATED UNDER POINT 3, PROCEEDINGS ON THE SUBSTANCE OF RIGHTS OF CUSTODY ARE ALREADY PENDING IN THE MEMBER STATE WHERE THE CHILD(REN) WAS (WERE) HABITUALLY RESIDENT IMMEDIATELY BEFORE THE WRONGFUL REMOVAL OR RETENTION*
8.1. No
8.2. Not known to the court
8.3. Yes
| 8.3.1. | Court seised of proceedings on the substance of rights of custody |
| 8.3.1.1. | Name |
| 8.3.1.2. | Address (if available) |
| 8.3.1.3. | Tel./fax/e-mail (if available) |
| 8.3.2. | Reference number (if available) |
| 8.3.3. | Party 1 (9) |
| 8.3.3.1. | Natural person |
| 8.3.3.1.1. | Surname(s) |
| 8.3.3.1.2. | Given name(s) |
| 8.3.3.2. | Legal person, institution or other body |
| 8.3.3.2.1. | Full name |
| 8.3.4. | Party 2 |
| 8.3.4.1. | Natural person |
| 8.3.4.1.1. | Surname(s) |
| 8.3.4.1.2. | Given name(s) |
| 8.3.4.2. | Legal person, institution or other body |
| 8.3.4.2.1. | Full name |
| 8.3.5. | Child(ren) (10) concerned as indicated in point 5:
|
9. THE DECISION REFUSING THE RETURN OF THE CHILD(REN) HAS BEEN NOTIFIED AS FOLLOWS TO*
9.1. Person 1 as indicated in point 6.1*
| 9.1.1. | No |
| 9.1.2. | Not known to the court |
| 9.1.3. | Yes |
| 9.1.3.1. | Date of notification (dd/mm/yyyy) |
| 9.1.3.2. | The decision was notified in the following language(s):
|
9.2. Person 2 as indicated in point 6.2*
| 9.2.1. | No |
| 9.2.2. | Not known to the court |
| 9.2.3. | Yes |
| 9.2.3.1. | Date of notification (dd/mm/yyyy) |
| 9.2.3.2. | The decision was notified in the following language(s):
|
10. FOR INFORMATION PURPOSES: MEASURES HAVE BEEN TAKEN TO ENSURE CONTACT BETWEEN THE CHILD(REN) AND THE PERSON SEEKING THE RETURN OF THE CHILD(REN) PURSUANT TO ARTICLE 27(2) OF THE REGULATION*
| 10.1. | No |
| 10.2. | Yes |
| 10.2.1. | If yes, please attach a copy or summary of the decision. |
If additional pages have been attached, please state the number of pages: …
Done at …, date (dd/mm/yyyy)
Signature and/or stamp
(1) Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction ('the 1980 Hague Convention').
(2) Council Regulation (EU) No 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(3) Where the party initiates proceedings on the substance of rights of custody in accordance with Article 29(5) of the Regulation in the Member State where the child(ren) was (were) habitually resident immediately before the wrongful removal or retention after this court gave its decision indicated in point 3, please see the section 'Information for the persons receiving this certificate for the purposes of Article 29(5) of the Regulation'.
(4) Fields marked with (*) are mandatory fields.
(5) To be filled in only for the purposes of Article 29(3) of the Regulation.
(6) If more than three children are concerned, please attach an additional sheet.
(7) If more than two persons are concerned, please attach an additional sheet.
(8) If more than three children are concerned, please attach an additional sheet.
(9) If more than two parties are concerned, please attach an additional sheet.
(10) If more than three children are concerned, please attach an additional sheet.
ANNEX II
CERTIFICATE CONCERNING DECISIONS IN MATRIMONIAL MATTERS
(Point (a) of Article 36(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
To be issued, upon application by a party, with regard to a decision granting divorce, legal separation or marriage annulment, by the court of a Member State of origin as communicated to the Commission pursuant to Article 103 of the Regulation.
1. MEMBER STATE OF ORIGIN* (2)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE*
| 2.1. | Name* |
| 2.2. | Address* |
| 2.3. | Tel./fax/e-mail* |
3. COURT WHICH GAVE THE DECISION (if different)
| 3.1. | Name |
| 3.2. | Address |
4. DECISION*
4.1. Date (dd/mm/yyyy)*
4.2. Reference number*
4.3. Type of decision*
| 4.3.1. | Divorce |
| 4.3.2. | Marriage annulment |
| 4.3.3. | Legal separation |
5. MARRIAGE*
5.1. Spouses*
| 5.1.1. |
| 5.1.1.1. | Surname(s)* |
| 5.1.1.2. | Given name(s)* |
| 5.1.1.3. | Date of birth (dd/mm/yyyy)* |
| 5.1.1.4. | Place of birth |
| 5.1.1.5. | Identity number or social security number (if applicable and available) |
| 5.1.1.6. | Address (if available) |
| 5.1.1.6.1. | as stated in the decision … |
| 5.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 5.1.2. |
| 5.1.2.1. | Surname(s)* |
| 5.1.2.2. | Given name(s)* |
| 5.1.2.3. | Date of birth (dd/mm/yyyy)* |
| 5.1.2.4. | Place of birth |
| 5.1.2.5. | Identity number or social security number (if applicable and available |
| 5.1.2.6. | Address (if available) |
| 5.1.2.6.1. | as stated in the decision … |
| 5.1.2.6.2. | any additional information (for example, concerning a different current address) … |
5.2. Date, country and place of marriage*
| 5.2.1. | Date (dd/mm/yyyy)* |
| 5.2.2. | Country* |
| 5.2.3. | Place (if available) |
6. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE*
6.1. No
6.2. Yes
| 6.2.1. | Party in default of appearance as indicated in point … (please fill in) |
| 6.2.2. | That party was served with the document which instituted the proceedings or with an equivalent document. |
| 6.2.2.1. | No |
| 6.2.2.2. | Not known to the court |
| 6.2.2.3. | Yes |
| 6.2.2.3.1. | Date of service (dd/mm/yyyy) |
7. THE DECISION IS 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 DECISION WAS GIVEN (dd/mm/yyyy)*
9. NAME(S) OF PARTY(IES) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
9.1. Party(ies)
| 9.1.1. | as indicated in point 5.1.1 |
| 9.1.2. | as indicated in point 5.1.2 |
10. COSTS AND EXPENSES OF THE PROCEEDINGS (3)
| 10.1. | The decision also covers matters of parental responsibility, and the information on costs relating to the proceedings under this Regulation is provided solely in the certificate concerning decisions in matters of parental responsibility. |
| 10.2. | The decision provides that (4) … (surname(s)) … (given name(s)) must pay to … (surname(s)) … (given name(s)) the sum of …
|
| 10.3. | Any additional information which might be relevant (for example, fixed amount or percentage; interests awarded; shared costs; where more than one party has been ordered to bear the costs, whether the whole amount may be collected from any one of them): … |
Done at …, date (dd/mm/yyyy)
Signature and/or stamp
(1) Council Regulation (EU) No 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(2) Fields marked with (*) are mandatory fields.
(3) This point also covers situations where the costs are awarded in a separate decision. The mere fact that the amount of the costs has not been fixed yet should not prevent the court from issuing the certificate if a party wishes to seek recognition of the substantive part of the decision.
(4) If more than one party has been ordered to bear the costs, please attach an additional sheet.
ANNEX III
CERTIFICATE CONCERNING DECISIONS IN MATTERS OF PARENTAL RESPONSIBILITY
(Point (b) of Article 36(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
To be issued, upon application by a party, with regard to a decision in matters of parental responsibility, by the court of a Member State of origin as communicated to the Commission pursuant to Article 103 of the Regulation.
1. MEMBER STATE OF ORIGIN* (2)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE*
| 2.1. | Name* |
| 2.2. | Address* |
| 2.3. | Tel./fax/e-mail* |
3. COURT WHICH GAVE THE DECISION (if different)
| 3.1. | Name |
| 3.2. | Address |
4. DECISION*
| 4.1. | Date (dd/mm/yyyy)* |
| 4.2. | Reference number* |
5. CHILD(REN) (3) COVERED BY THE DECISION*
5.1. Child 1*
| 5.1.1. | Surname(s)* |
| 5.1.2. | Given name(s)* |
| 5.1.3. | Date of birth (dd/mm/yyyy)* |
| 5.1.4. | Place of birth (if available) |
| 5.1.5. | Identity number or social security number (if applicable and available) |
5.2. Child 2
| 5.2.1. | Surname(s) |
| 5.2.2. | Given name(s) |
| 5.2.3. | Date of birth (dd/mm/yyyy) |
| 5.2.4. | Place of birth (if available) |
| 5.2.5. | Identity number or social security number (if applicable and available) |
5.3. Child 3
| 5.3.1. | Surname(s) |
| 5.3.2. | Given name(s) |
| 5.3.3. | Date of birth (dd/mm/yyyy) |
| 5.3.4. | Place of birth (if available) |
| 5.3.5. | Identity number or social security number (if applicable and available) |
6. RIGHTS OF CUSTODY (4)
6.1. Rights of custody attributed according to the decision (5)
……
6.2. Attributed to the following party(ies) (6)
| 6.2.1. | Party 1 |
| 6.2.1.1. | Natural person |
| 6.2.1.1.1. | Surname(s) |
| 6.2.1.1.2. | Given name(s) |
| 6.2.1.1.3. | Date of birth (dd/mm/yyyy) |
| 6.2.1.1.4. | Place of birth (if available) |
| 6.2.1.1.5. | Identity number or social security number (if applicable and available) |
| 6.2.1.1.6. | Address (if available) |
| 6.2.1.1.6.1. | as stated in the decision … |
| 6.2.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 6.2.1.2. | Legal person, institution or other body |
| 6.2.1.2.1. | Full name |
| 6.2.1.2.2. | Identification number (if applicable and available) |
| 6.2.1.2.3. | Address (if available) |
| 6.2.2. | Party 2 |
| 6.2.2.1. | Natural person |
| 6.2.2.1.1. | Surname(s) |
| 6.2.2.1.2. | Given name(s) |
| 6.2.2.1.3. | Date of birth (dd/mm/yyyy) |
| 6.2.2.1.4. | Place of birth (if available) |
| 6.2.2.1.5. | Identity number or social security number (if applicable and available) |
| 6.2.2.1.6. | Address (if available) |
| 6.2.2.1.6.1. | as stated in the decision … |
| 6.2.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 6.2.2.2. | Legal person, institution or other body |
| 6.2.2.2.1. | Full name |
| 6.2.2.2.2. | Identification number (if applicable and available) |
| 6.2.2.2.3. | Address (if available) |
6.3. The decision entails the handover of the child(ren)
| 6.3.1. | No |
| 6.3.2. | Yes |
| 6.3.2.1. | Details of the handover relevant for enforcement if not already indicated in point 6.1 (for example, to whom, which child(ren), periodical or single handover) …… |
7. RIGHTS OF ACCESS
7.1. Rights of access granted by the decision (7)
……
7.2. Granted to the following party(ies) (8)
| 7.2.1. | Party 1 |
| 7.2.1.1. | Surname(s) |
| 7.2.1.2. | Given name(s) |
| 7.2.1.3. | Date of birth (dd/mm/yyyy) |
| 7.2.1.4. | Place of birth (if available) |
| 7.2.1.5. | Identity number or social security number (if applicable and available) |
| 7.2.1.6. | Address (if available) |
| 7.2.1.6.1. | as stated in the decision … |
| 7.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 7.2.2. | Party 2 |
| 7.2.2.1. | Surname(s) |
| 7.2.2.2. | Given name(s) |
| 7.2.2.3. | Date of birth (dd/mm/yyyy) |
| 7.2.2.4. | Place of birth (where available) |
| 7.2.2.5. | Identity number or social security number (if applicable and available) |
| 7.2.2.6. | Address (if available) |
| 7.2.2.6.1. | as stated in the decision … |
| 7.2.2.6.2. | any additional information (for example, concerning a different current address) … |
7.3. The decision entails the handover of the child(ren)
| 7.3.1. | No |
| 7.3.2. | Yes |
| 7.3.2.1. | Details of the handover relevant for enforcement if not already indicated in point 7.1 (for example, to whom, which child(ren), periodical or single handover) …… |
8. OTHER RIGHTS IN MATTERS OF PARENTAL RESPONSIBILITY
8.1. Right(s) attributed according to the decision (9)
……
8.2. Attributed to the following party(ies) (10)
| 8.2.1. | Party 1 |
| 8.2.1.1. | Natural person |
| 8.2.1.1.1. | Surname(s) |
| 8.2.1.1.2. | Given name(s) |
| 8.2.1.1.3. | Date of birth (dd/mm/yyyy) |
| 8.2.1.1.4. | Place of birth (if available) |
| 8.2.1.1.5. | Identity number or social security number (if applicable and available) |
| 8.2.1.1.6. | Address (if available) |
| 8.2.1.1.6.1. | as stated in the decision … |
| 8.2.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 8.2.1.2. | Legal person, institution or other body |
| 8.2.1.2.1. | Full name |
| 8.2.1.2.2. | Identification number (if applicable and available) |
| 8.2.1.2.3. | Address (if available) |
| 8.2.2. | Party 2 |
| 8.2.2.1. | Natural person |
| 8.2.2.1.1. | Surname(s) |
| 8.2.2.1.2. | Given name(s) |
| 8.2.2.1.3. | Date of birth (dd/mm/yyyy) |
| 8.2.2.1.4. | Place of birth (if available) |
| 8.2.2.1.5. | Identity number or social security number (if applicable and available) |
| 8.2.2.1.6. | Address (if available) |
| 8.2.2.1.6.1. | as stated in the decision … |
| 8.2.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 8.2.2.2. | Legal person, institution or other body |
| 8.2.2.2.1. | Full name |
| 8.2.2.2.2. | Identification number (if applicable and available) |
| 8.2.2.2.3. | Address (if available) |
8.3. The decision entails the handover of the child(ren)
| 8.3.1. | No |
| 8.3.2. | Yes |
| 8.3.2.1. | Details of the handover relevant for enforcement if not already indicated in point 8.1 (for example, to whom, which child(ren), periodical or single handover) …… |
9. THE DECISION ORDERS (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURE(S)*
9.1. No
9.2. Yes
| 9.2.1. | Description of the measure(s) ordered (11) …… |
10. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN*
| 10.1. | No |
| 10.2. | Yes |
11. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN*
11.1. Concerning rights of custody as indicated in point 6
| 11.1.1. | No |
| 11.1.1.1. | The decision does not contain an enforceable obligation (if applicable). |
| 11.1.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the decision became enforceable): …/…/…… |
| 11.1.3. | Yes, but only against the party (12) as indicated in point … (please fill in) |
| 11.1.3.1. | Please indicate the date (dd/mm/yyyy) on which the decision became enforceable against this party: …/…/…… |
| 11.1.4. | Yes, but limited to the following part(s) of the decision (please specify) … |
| 11.1.4.1. | Please indicate the date (dd/mm/yyyy) on which this (these) part(s) of the decision became enforceable: …/…/…… |
11.2. Concerning rights of access as indicated in point 7
| 11.2.1. | No |
| 11.2.1.1. | The decision does not contain an enforceable obligation (if applicable). |
| 11.2.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the decision became enforceable): …/…/…… |
| 11.2.3. | Yes, but only against the party (13) as indicated in point … (please fill in) |
| 11.2.3.1. | Please indicate the date (dd/mm/yyyy) on which the decision became enforceable against this party: …/…/…… |
| 11.2.4. | Yes, but limited to the following part(s) of the decision (please specify) … |
| 11.2.4.1. | Please indicate the date (dd/mm/yyyy) on which this (these) part(s) of the decision became enforceable: …/…/…… |
11.3. Concerning other rights in matters of parental responsibility as indicated in point 8
| 11.3.1. | No |
| 11.3.1.1. | The decision does not contain an enforceable obligation (if applicable). |
| 11.3.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the decision became enforceable): …/…/…… |
| 11.3.3. | Yes, but only against the party (14) as indicated in point … (please fill in) |
| 11.3.3.1. | Please indicate the date (dd/mm/yyyy) on which the decision became enforceable against this party: …/…/…… |
| 11.3.4. | Yes, but limited to the following part(s) of the decision (please specify) … |
| 11.3.4.1. | Please indicate the date (dd/mm/yyyy) on which this (these) part(s) of the decision became enforceable: …/…/…… |
12. AS OF THE DATE OF ISSUANCE OF THIS CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY(IES) (15) AGAINST WHOM ENFORCEMENT IS SOUGHT*
12.1. Upon the party as indicated in point … (please fill in)
| 12.1.1. | No |
| 12.1.2. | Not known to the court |
| 12.1.3. | Yes |
| 12.1.3.1. | Date of service (dd/mm/yyyy) |
| 12.1.3.2. | The decision was served in the following language(s):
|
12.2. Upon the party as indicated in point … (please fill in)
| 12.2.1. | No |
| 12.2.2. | Not known to the court |
| 12.2.3. | Yes |
| 12.2.3.1. | Date of service (dd/mm/yyyy) |
| 12.2.3.2. | The decision was served in the following language(s):
|
13. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE*
13.1. No
13.2. Yes
| 13.2.1. | Party(ies) in default of appearance (16) as indicated in point … (please fill in) |
| 13.2.2. | That party was served with the document which instituted the proceedings or with an equivalent document. |
| 13.2.2.1. | No |
| 13.2.2.2. | Not known to the court |
| 13.2.2.3. | Yes |
| 13.2.2.3.1. | Date of service (dd/mm/yyyy) |
14. THE CHILD(REN) (17) AS INDICATED IN POINT 5 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS*
14.1. Child as indicated in point 5.1
| 14.1.1. | Yes (then please fill in point 15) |
| 14.1.2. | No |
14.2. Child as indicated in point 5.2
| 14.2.1. | Yes (then please fill in point 15) |
| 14.2.2. | No |
14.3. Child as indicated in point 5.3
| 14.3.1. | Yes (then please fill in point 15) |
| 14.3.2. | No |
15. THE CHILD(REN) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 14 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
15.1. Child as indicated in point 5.1
| 15.1.1. | Yes |
| 15.1.2. | No, for the following reasons: … |
15.2. Child as indicated in point 5.2
| 15.2.1. | Yes |
| 15.2.2. | No, for the following reasons: … |
15.3. Child as indicated in point 5.3
| 15.3.1. | Yes |
| 15.3.2. | No, for the following reasons: … |
16. NAME(S) OF PARTY(IES) (18) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
16.1. Party(ies)
| 16.1.1. | as indicated in point … (please fill in) |
| 16.1.2. | as indicated in point … (please fill in) |
17. COSTS AND EXPENSES OF THE PROCEEDINGS (19)
| 17.1. | The decision also covers matrimonial matters, and the information on costs relating to the proceedings under this Regulation is provided solely in this certificate. |
| 17.2. | The decision provides that (20) … (surname(s)) … (given name(s)) must pay to … (surname(s)) … (given name(s)) the sum of …
|
| 17.3. | Any additional information which might be relevant (for example, fixed amount or percentage; interests awarded; shared costs; where more than one party has been ordered to bear the costs, whether the whole amount may be collected from any one of them): … |
Done at …, date (dd/mm/yyyy)
Signature and/or stamp
(1) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(2) Fields marked with (*) are mandatory fields.
(3) If more than three children are concerned, please attach an additional sheet.
(4) Please be aware that the term 'rights of custody' is defined in point 9 of Article 2(2) of the Regulation.
(5) Please copy the relevant part of the order.
(6) If more than two parties are concerned, please attach an additional sheet.
(7) Please copy the relevant part of the order.
(8) If more than two parties are concerned, please attach an additional sheet.
(9) Please copy the relevant part of the order.
(10) If more than two parties are concerned, please attach an additional sheet.
(11) Please copy the relevant part of the order.
(12) If more than one party is concerned, please attach an additional sheet.
(13) If more than one party is concerned, please attach an additional sheet.
(14) If more than one party is concerned, please attach an additional sheet.
(15) If more than two parties are concerned, please attach an additional sheet.
(16) If more than one party is concerned, please attach an additional sheet.
(17) If more than three children are concerned, please attach an additional sheet.
(18) If more than two parties are concerned, please attach an additional sheet.
(19) This point also covers situations where the costs are awarded in a separate decision. The mere fact that the amount of the costs has not been fixed yet should not prevent the court from issuing the certificate if a party wishes to seek recognition or enforcement of the substantive part of the decision.
(20) If more than one party has been ordered to bear the costs, please attach an additional sheet.
ANNEX IV
CERTIFICATE CONCERNING DECISIONS ORDERING THE RETURN OF A CHILD TO ANOTHER MEMBER STATE PURSUANT TO THE 1980 HAGUE CONVENTION (1) AND ANY PROVISIONAL, INCLUDING PROTECTIVE, MEASURES TAKEN IN ACCORDANCE WITH ARTICLE 27(5) OF THE REGULATION ACCOMPANYING THEM
(Point (c) of Article 36(1) of Council Regulation (EU) 2019/1111 (2))
IMPORTANT
To be issued, upon application by a party, by the court of a Member State of origin of a return decision as communicated to the Commission pursuant to Article 103 of the Regulation, where the return decision needs to be enforced in another Member State due to a further abduction of the child(ren) after return was ordered, or where the return decision contains a provisional, including a protective, measure based on Article 27(5) of the Regulation to protect the child from the grave risk referred to in point (b) of Article 13(1) of the 1980 Hague Convention.
1. MEMBER STATE OF ORIGIN OF THE DECISION ORDERING THE RETURN OF THE CHILD(REN)* (3)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE*
| 2.1. | Name* |
| 2.2. | Address* |
| 2.3. | Tel./fax/e-mail* |
3. COURT WHICH GAVE THE DECISION (if different)
| 3.1. | Name |
| 3.2. | Address |
4. DECISION*
| 4.1. | Date (dd/mm/yyyy)* |
| 4.2. | Reference number* |
5. CHILD(REN) (4) TO BE RETURNED ACCORDING TO THE DECISION*
5.1. Child 1*
| 5.1.1. | Surname(s)* |
| 5.1.2. | Given name(s)* |
| 5.1.3. | Date of birth (dd/mm/yyyy)* |
| 5.1.4. | Place of birth (if available) |
| 5.1.5. | Identity number or social security number (if applicable and available) |
5.2. Child 2
| 5.2.1. | Surname(s) |
| 5.2.2. | Given name(s) |
| 5.2.3. | Date of birth (dd/mm/yyyy) |
| 5.2.4. | Place of birth (if available) |
| 5.2.5. | Identity number or social security number (if applicable and available) |
5.3. Child 3
| 5.3.1. | Surname(s) |
| 5.3.2. | Given name(s) |
| 5.3.3. | Date of birth (dd/mm/yyyy) |
| 5.3.4. | Place of birth (if available) |
| 5.3.5. | Identity number or social security number (if applicable and available) |
6. MEMBER STATE TO WHICH THE CHILD(REN) SHOULD BE RETURNED ACCORDING TO THE DECISION*
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
7. IF AND TO THE EXTENT STATED IN THE DECISION, THE CHILD(REN) IS (ARE) TO BE RETURNED TO (5)
7.1. Party 1
| 7.1.1. | Natural person |
| 7.1.1.1. | Surname(s) |
| 7.1.1.2. | Given name(s) |
| 7.1.1.3. | Date of birth (dd/mm/yyyy) |
| 7.1.1.4. | Place of birth (if available) |
| 7.1.1.5. | Identity number or social security number (if applicable and available) |
| 7.1.1.6. | Address (if available) |
| 7.1.1.6.1. | as stated in the decision … |
| 7.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 7.1.2. | Legal person, institution or other body |
| 7.1.2.1. | Full name |
| 7.1.2.2. | Identification number (if applicable and available) |
| 7.1.2.3. | Address (if available) |
7.2. Party 2
| 7.2.1. | Natural person |
| 7.2.1.1. | Surname(s) |
| 7.2.1.2. | Given name(s) |
| 7.2.1.3. | Date of birth (dd/mm/yyyy) |
| 7.2.1.4. | Place of birth (if available) |
| 7.2.1.5. | Identity number or social security number (if applicable and available) |
| 7.2.1.6. | Address (if available) |
| 7.2.1.6.1. | as stated in the decision … |
| 7.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 7.2.2. | Legal person, institution or other body |
| 7.2.2.1. | Full name |
| 7.2.2.2. | Identification number (if applicable and available) |
| 7.2.2.3. | Address (if available) |
8. PRACTICAL ARRANGEMENTS FOR THE RETURN (IF AND TO THE EXTENT STATED IN THE DECISION) (6)
……
9. THE DECISION INCLUDES (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURES BASED ON ARTICLE 27(5) OF THE REGULATION TO PROTECT THE CHILD FROM THE GRAVE RISK REFERRED TO IN POINT (B) OF ARTICLE 13(1) OF THE 1980 HAGUE CONVENTION*
9.1. No
9.2. Yes
| 9.2.1. | Description of the measure(s) ordered (7) …… |
10. PARTY (8) AGAINST WHOM ENFORCEMENT IS SOUGHT*
10.1. Surname(s)*
10.2. Given name(s)*
10.3. Date of birth (dd/mm/yyyy)*
10.4. Place of birth (if available)
10.5. Identity number or social security number (if applicable and available)
10.6. Address (if available)
| 10.6.1. | as stated in the decision … |
| 10.6.2. | any additional information (for example, concerning a different current address) … |
11. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN*
| 11.1. | No |
| 11.2. | Yes |
12. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN*
12.1. No
12.2. Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the decision became enforceable): …/…/……
12.3. Yes, but only against the party (9) as indicated in point … (please fill in)
| 12.3.1. | Please indicate the date (dd/mm/yyyy) on which the decision became enforceable against this party: …/…/…… |
13. AS OF THE DATE OF ISSUANCE OF THE CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY(IES) (10) AGAINST WHOM ENFORCEMENT IS SOUGHT AS INDICATED IN POINT 10*
| 13.1. | No |
| 13.2. | Not known to the court |
| 13.3. | Yes |
| 13.3.1. | Date of service (dd/mm/yyyy) |
| 13.3.2. | The decision was served in the following language(s):
|
14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE*
14.1. No
14.2. Yes
| 14.2.1. | Party in default of appearance as indicated in point …(please fill in) |
| 14.2.2. | That party was served with the document which instituted the proceedings or with an equivalent document |
| 14.2.2.1. | No |
| 14.2.2.2. | Not known to the court |
| 14.2.2.3. | Yes |
| 14.2.2.3.1. | Date of service (dd/mm/yyyy) |
15. THE CHILD(REN) (11) AS INDICATED IN POINT 5 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS*
15.1. Child as indicated in point 5.1.
| 15.1.1. | Yes (then please fill in point 16) |
| 15.1.2. | No |
15.2. Child as indicated in point 5.2.
| 15.2.1. | Yes (then please fill in point 16) |
| 15.2.2. | No |
15.3. Child as indicated in point 5.3.
| 15.3.1. | Yes (then please fill in point 16) |
| 15.3.2. | No |
16. THE CHILD(REN) (12) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 15 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
16.1. Child as indicated in point 5.1
| 16.1.1. | Yes |
| 16.1.2. | No, for the following reasons:… |
16.2. Child as indicated in point 5.2
| 16.2.1. | Yes |
| 16.2.2. | No, for the following reasons:… |
16.3. Child as indicated in point 5.3
| 16.3.1. | Yes |
| 16.3.2. | No, for the following reasons: … |
17. NAME(S) OF PARTY(IES) (13) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
17.1. Party(ies)
| 17.1.1. | as indicated in point … (please fill in) |
| 17.1.2. | as indicated in point … (please fill in) |
18. COSTS AND EXPENSES OF THE PROCEEDINGS (14)
| 18.1. | The decision provides that (15) … (surname(s)) … (given name(s)) must pay to … (surname(s)) … (given name(s)) the sum of …
|
| 18.2. | Any additional information on costs which might be relevant (for example, fixed amount or percentage; interests awarded; shared costs; where more than one party has been ordered to bear the costs, whether the whole amount may be collected from any one of them): … |
If additional pages have been attached, please state the number of pages: …
Done at …, date (dd/mm/yyyy) ….
Signature and/or stamp
(1) Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction ('the 1980 Hague Convention').
(2) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(3) Fields marked with (*) are mandatory fields.
(4) If more than three children are concerned, please attach an additional sheet.
(5) If more than two parties are concerned, please attach an additional sheet.
(6) Please copy the relevant part of the order.
(7) Please copy the relevant part of the order.
(8) If more than one party is concerned, please attach an additional sheet.
(9) If more than one party is concerned, please attach an additional sheet.
(10) If more than one party is concerned, please attach an additional sheet.
(11) If more than three children are concerned, please attach an additional sheet.
(12) If more than three children are concerned, please attach an additional sheet.
(13) If more than two parties are concerned, please attach an additional sheet.
(14) This point also covers situations where the costs are awarded in a separate decision. The mere fact that the amount of the costs has not been fixed yet should not prevent the court from issuing the certificate if a party wishes to seek recognition or enforcement of the substantive part of the decision.
(15) If more than one party has been ordered to bear the costs, please attach an additional sheet.
ANNEX V
CERTIFICATE CONCERNING CERTAIN DECISIONS GRANTING RIGHTS OF ACCESS
(Point (a) of Article 42(1) and point (a) of Article 47(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
To be issued, upon application by a party, by the court that has given the decision only if the conditions of Article 47(3) of the Regulation, as indicated in points 11 to 14, are met. If not, Annex III of the Regulation should be used.
1. MEMBER STATE OF ORIGIN* (2)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE*
| 2.1. | Name* |
| 2.2. | Address* |
| 2.3. | Tel./fax/e-mail* |
3. DECISION*
| 3.1. | Date (dd/mm/yyyy)* |
| 3.2. | Reference number* |
4. CHILD(REN) (3) COVERED BY THE DECISION*
4.1. Child 1*
| 4.1.1. | Surname(s)* |
| 4.1.2. | Given name(s)* |
| 4.1.3. | Date of birth (dd/mm/yyyy)* |
| 4.1.4. | Place of birth (if available) |
| 4.1.5. | Identity number or social security number (if applicable and available) |
4.2. Child 2
| 4.2.1. | Surname(s) |
| 4.2.2. | Given name(s) |
| 4.2.3. | Date of birth (dd/mm/yyyy) |
| 4.2.4. | Place of birth (if available) |
| 4.2.5. | Identity number or social security number (if applicable and available) |
4.3. Child 3
| 4.3.1. | Surname(s) |
| 4.3.2. | Given name(s) |
| 4.3.3. | Date of birth (dd/mm/yyyy) |
| 4.3.4. | Place of birth (if available) |
| 4.3.5. | Identity number or social security number (if applicable and available) |
5. PARTY(IES) (4) WHO WAS (WERE) GRANTED RIGHTS OF ACCESS*
5.1. Party 1*
| 5.1.1. | Surname(s)* |
| 5.1.2. | Given name(s)* |
| 5.1.3. | Date of birth (dd/mm/yyyy)* |
| 5.1.4. | Place of birth (if available) |
| 5.1.5. | Identity number or social security number (if applicable and available) |
| 5.1.6. | Address (if available) |
| 5.1.6.1. | as stated in the decision … |
| 5.1.6.2. | any additional information (for example, concerning a different current address) … |
5.2. Party 2
| 5.2.1. | Surname(s) |
| 5.2.2. | Given name(s) |
| 5.2.3. | Date of birth (dd/mm/yyyy) |
| 5.2.4. | Place of birth (if available) |
| 5.2.5. | Identity number or social security number (if applicable and available) |
| 5.2.6. | Address (if available) |
| 5.2.6.1. | as stated in the decision … |
| 5.2.6.2. | any additional information (for example, concerning a different current address) … |
6. RIGHTS OF ACCESS GRANTED ACCORDING TO THE DECISION AND PRACTICAL ARRANGEMENTS FOR THEIR EXERCISE (TO THE EXTENT STATED IN THE DECISION) (5)
……
7. PARTY(IES) (6) AGAINST WHOM ENFORCEMENT IS SOUGHT*
7.1. Party 1*
| 7.1.1. | Natural person |
| 7.1.1.1. | Surname(s) |
| 7.1.1.2. | Given name(s) |
| 7.1.1.3. | Date of birth (dd/mm/yyyy) |
| 7.1.1.4. | Place of birth (if available) |
| 7.1.1.5. | Identity number or social security number (if applicable and available) |
| 7.1.1.6. | Address (if available) |
| 7.1.1.6.1. | as stated in the decision … |
| 7.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 7.1.2. | Legal person, institution or other body |
| 7.1.2.1. | Full name |
| 7.1.2.2. | Identification number (if applicable and available) |
| 7.1.2.3. | Address (if available) |
7.2. Party 2
| 7.2.1. | Natural person |
| 7.2.1.1. | Surname(s) |
| 7.2.1.2. | Given name(s) |
| 7.2.1.3. | Date of birth (dd/mm/yyyy) |
| 7.2.1.4. | Place of birth (if available) |
| 7.2.1.5. | Identity number or social security number (if applicable and available) |
| 7.2.1.6. | Address (if available) |
| 7.2.1.6.1. | as stated in the decision … |
| 7.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 7.2.2. | Legal person, institution or other body |
| 7.2.2.1. | Full name |
| 7.2.2.2. | Identification number (if applicable and available) |
| 7.2.2.3. | Address (if available) |
8. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN*
| 8.1. | No |
| 8.2. | Yes |
9. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN*
| 9.1. | No |
| 9.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the decision became enforceable): …/…/…… |
| 9.3. | Yes, but only against the party (7) as indicated in point … (please fill in) |
| 9.3.1. | Please indicate the date (dd/mm/yyyy) on which the decision became enforceable against this party: …/…/…… |
| 9.4. | Yes, but limited to the following part(s) of the decision (please specify) … |
| 9.4.1. | Please indicate the date (dd/mm/yyyy) on which this (these) part(s) of the decision became enforceable: …/…/…… |
10. AS OF THE DATE OF ISSUANCE OF THE CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY(IES) (8) AGAINST WHOM ENFORCEMENT IS SOUGHT*
10.1. Upon the party as indicated in point 7.1*
| 10.1.1. | No |
| 10.1.2. | Not known to the court |
| 10.1.3. | Yes |
| 10.1.3.1. | Date of service (dd/mm/yyyy) |
| 10.1.3.2. | The decision was served in the following language(s):
|
10.2. Upon the party as indicated in point 7.2
| 10.2.1. | No |
| 10.2.2. | Not known to the court |
| 10.2.3. | Yes |
| 10.2.3.1. | Date of service (dd/mm/yyyy) |
| 10.2.3.2. | The decision was served in the following language(s):
|
11. ALL PARTIES CONCERNED WERE GIVEN AN OPPORTUNITY TO BE HEARD*
| 11.1. | Yes (if not, Annex III of the Regulation should be used) |
12. THE CHILD(REN) (9) AS INDICATED IN POINT 4 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS*
12.1. Child as indicated in point 4.1
| 12.1.1. | Yes (then please fill in point 13) |
| 12.1.2. | No |
12.2. Child as indicated in point 4.2
| 12.2.1. | Yes (then please fill in point 13) |
| 12.2.2. | No |
12.3. Child as indicated in point 4.3
| 12.3.1. | Yes (then please fill in point 13) |
| 12.3.2. | No |
13. THE CHILD(REN) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 12 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
13.1. Child as indicated in point 4.1
| 13.1.1. | Yes (if not, Annex III of the Regulation should be used) |
13.2. Child as indicated in point 4.2
| 13.2.1. | Yes (if not, Annex III of the Regulation should be used) |
13.3. Child as indicated in point 4.3
| 13.3.1. | Yes (if not, Annex III of the Regulation should be used) |
14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE*
14.1. No
14.2. Yes
| 14.2.1. | Party (10) in default of appearance as indicated in point … (please fill in) |
| 14.2.2. | That party 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 (those) party(ies) to arrange for his or her (their) defence |
| 14.2.2.1. | Yes |
| 14.2.2.1.1. | Date of service (dd/mm/yyyy) |
| 14.2.2.2. | No, but the party in default of appearance nevertheless accepted the decision unequivocally (if not, Annex III of the Regulation should be used) |
15. NAME(S) OF PARTY(IES) (11) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
15.1. Party(ies)
| 15.1.1. | as indicated in point … (please fill in) |
| 15.1.2. | as indicated in point … (please fill in) |
16. COSTS AND EXPENSES OF THE PROCEEDINGS (12)
| 16.1. | The decision also covers matrimonial matters, and the information on costs relating to the proceedings under this Regulation is provided solely in the certificate concerning decisions in matrimonial matters. |
| 16.2. | The decision also covers other matters of parental responsibility, and the information on costs relating to the proceedings under this Regulation is provided solely in the certificate concerning decisions in matters of parental responsibility. |
| 16.3. | The decision provides that (13) … (surname(s)) … (given name(s)) must pay to … (surname(s)) … (given name(s)) the sum of …
|
| 16.4. | Any additional information on costs which might be relevant (for example, fixed amount or percentage; interests awarded; shared costs; where more than one party has been ordered to bear the costs, whether the whole amount may be collected from any one of them): … |
If additional pages have been attached, please state the number of pages: …
Done at …, date (dd/mm/yyyy) …
Signature and/or stamp
(1) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(2) Fields marked with (*) are mandatory fields.
(3) If more than three children are concerned, please attach an additional sheet.
(4) If more than two parties were granted rights of access, please attach an additional sheet.
(5) Please copy the relevant part of the order.
(6) If the enforcement is sought against more than two parties, please attach an additional sheet.
(7) If more than one party is concerned, please attach an additional sheet.
(8) If more than two parties are concerned, please attach an additional sheet.
(9) If more than three children are concerned, please attach an additional sheet.
(10) If more than one party is concerned, please attach an additional sheet.
(11) If more than two parties are concerned, please attach an additional sheet.
(12) This point also covers situations where the costs are awarded in a separate decision. The mere fact that the amount of the costs has not been fixed yet should not prevent the court from issuing the certificate if a party wishes to seek recognition or enforcement of the substantive part of the decision.
(13) If more than one party has been ordered to bear the costs, please attach an additional sheet.
ANNEX VI
CERTIFICATE CONCERNING CERTAIN DECISIONS ON THE SUBSTANCE OF RIGHTS OF CUSTODY GIVEN PURSUANT TO ARTICLE 29(6) OF THE REGULATION AND ENTAILING THE RETURN OF THE CHILD
(Article 29(6), point (b) of Article 42(1) and point (b) of Article 47(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
To be issued, upon application by a party, by the court that has given the decision pursuant to Article 29(6) in so far as this decision entails the return of the child and only if the conditions of Article 47(3) and (4) of the Regulation, as indicated in points 11 to 15, are met. If not, Annex III of the Regulation should be used.
1. MEMBER STATE OF ORIGIN* (2)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE*
| 2.1. | Name* |
| 2.2. | Address* |
| 2.3. | Tel./fax/e-mail* |
3. DECISION*
| 3.1. | Date (dd/mm/yyyy)* |
| 3.2. | Reference number* |
4. CHILD(REN) (3) TO BE RETURNED ACCORDING TO THE DECISION*
4.1. Child 1*
| 4.1.1. | Surname(s)* |
| 4.1.2. | Given name(s)* |
| 4.1.3. | Date of birth (dd/mm/yyyy)* |
| 4.1.4. | Place of birth (if available) |
| 4.1.5. | Identity number or social security number (if applicable and available) |
4.2. Child 2
| 4.2.1. | Surname(s) |
| 4.2.2. | Given name(s) |
| 4.2.3. | Date of birth (dd/mm/yyyy) |
| 4.2.4. | Place of birth (if available) |
| 4.2.5. | Identity number or social security number (if applicable and available) |
4.3. Child 3
| 4.3.1. | Surname(s) |
| 4.3.2. | Given name(s) |
| 4.3.3. | Date of birth (dd/mm/yyyy) |
| 4.3.4. | Place of birth (if available) |
| 4.3.5. | Identity number or social security number (if applicable and available) |
5. IF AND TO THE EXTENT STATED IN THE DECISION, THE CHILD(REN) IS (ARE) TO BE RETURNED TO (4)
5.1. Party 1
| 5.1.1. | Natural person |
| 5.1.1.1. | Surname(s) |
| 5.1.1.2. | Given name(s) |
| 5.1.1.3. | Date of birth (dd/mm/yyyy) |
| 5.1.1.4. | Place of birth (if available) |
| 5.1.1.5. | Identity number or social security number (if applicable and available) |
| 5.1.1.6. | Address (if available) |
| 5.1.1.6.1. | as stated in the decision … |
| 5.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 5.1.2. | Legal person, institution or other body |
| 5.1.2.1. | Full name |
| 5.1.2.2. | Identification number (if applicable and available) |
| 5.1.2.3. | Address (if available) |
5.2. Party 2
| 5.2.1. | Natural person |
| 5.2.1.1. | Surname(s) |
| 5.2.1.2. | Given name(s) |
| 5.2.1.3. | Date of birth (dd/mm/yyyy) |
| 5.2.1.4. | Place of birth (if available) |
| 5.2.1.5. | Identity number or social security number (if applicable and available) |
| 5.2.1.6. | Address (if available) |
| 5.2.1.6.1. | as stated in the decision … |
| 5.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 5.2.2. | Legal person, institution or other body |
| 5.2.2.1. | Full name |
| 5.2.2.2. | Identification number (if applicable and available) |
| 5.2.2.3. | Address (if available) |
6. PRACTICAL ARRANGEMENTS FOR THE RETURN (IF AND TO THE EXTENT STATED IN THE DECISION) (5)
……
7. PARTY (6) AGAINST WHOM ENFORCEMENT IS SOUGHT*
7.1. Surname(s)*
7.2. Given name(s)*
7.3. Date of birth (dd/mm/yyyy)
7.4. Place of birth (if available)
7.5. Identity number or social security number (if applicable and if available)
7.6. Address (if available)
| 7.6.1. | as stated in the decision … |
| 7.6.2. | any additional information (for example, concerning a different current address) … |
8. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN*
| 8.1. | No |
| 8.2. | Yes |
9. THE PART OF THE DECISION ENTAILING THE RETURN OF THE CHILD(REN) IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN*
| 9.1. | No |
| 9.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the decision became enforceable): …/…/…… |
| 9.3. | Yes, but only against the party (7) as indicated in point … (please fill in):
|
10. AS OF THE DATE OF ISSUANCE OF THE CERTIFICATE, THE DECISION HAS BEEN SERVED UPON THE PARTY (8) AGAINST WHOM ENFORCEMENT IS SOUGHT AS INDICATED IN POINT 7*
10.1. No
10.2. Not known to the court
10.3. Yes
| 10.3.1. | Date of service (dd/mm/yyyy) |
| 10.3.2. | The decision was served in the following language(s):
|
11. ALL PARTIES CONCERNED WERE GIVEN AN OPPORTUNITY TO BE HEARD*
| 11.1. | Yes (if not, Annex III of the Regulation should be used) |
12. THE CHILD(REN) (9) AS INDICATED IN POINT 4 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS*
12.1. Child as indicated in point 4.1
| 12.1.1. | Yes (then please fill in point 13) |
| 12.1.2. | No |
12.2. Child as indicated in point 4.2
| 12.2.1. | Yes (then please fill in point 13) |
| 12.2.2. | No |
12.3. Child as indicated in point 4.3
| 12.3.1. | Yes (then please fill in point 13) |
| 12.3.2. | No |
13. THE CHILD(REN) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 12 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS IN ACCORDANCE WITH ARTICLE 21 OF THE REGULATION
13.1. Child as indicated in point 4.1
| 13.1.1. | Yes (if not, Annex III of the Regulation should be used) |
13.2. Child as indicated in point 4.2
| 13.2.1. | Yes (if not, Annex III of the Regulation should be used) |
13.3. Child as indicated in point 4.3
| 13.3.1. | Yes (if not, Annex III of the Regulation should be used) |
14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE*
14.1. No
14.2. Yes
| 14.2.1. | Party (10) in default of appearance as indicated in point … (please fill in) |
| 14.2.2. | That party 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 (those) party(ies) to arrange for his or her (their) defence |
| 14.2.2.1. | Yes |
| 14.2.2.1.1. | Date of service (dd/mm/yyyy) |
| 14.2.2.2. | No, but the party in default of appearance nevertheless accepted the decision unequivocally (if not, Annex III of the Regulation should be used) |
15. THE COURT HAS TAKEN INTO ACCOUNT IN GIVING ITS DECISION THE REASONS FOR AND THE FACTS UNDERLYING THE PRIOR DECISION GIVEN IN ANOTHER MEMBER STATE PURSUANT TO POINT (B) OF ARTICLE 13(1), OR ARTICLE 13(2), OF THE HAGUE CONVENTION OF 25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION*
| 15.1. | Yes (If not, Annex III of the Regulation should be used) |
16. THE DECISION INCLUDES (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURE(S)*
16.1. No
16.2. Yes
| 16.2.1. | Description of the measure(s) ordered (11) …… |
17. NAME(S) OF PARTY(IES) (12) WHO BENEFITED FROM LEGAL AID IN ACCORDANCE WITH ARTICLE 74(1) OF THE REGULATION
17.1. Party(ies)
| 17.1.1. | as indicated in point … (please fill in) |
| 17.1.2. | as indicated in point … (please fill in) |
18. COSTS AND EXPENSES OF THE PROCEEDINGS (13)
| 18.1. | The decision provides that (14) … (surname(s)) … (given name(s)) must pay to … (surname(s)) … (given name(s)) the sum of …
|
| 18.2. | Any additional information on costs which might be relevant (for example, fixed amount or percentage; interests awarded; shared costs; where more than one party has been ordered to bear the costs, whether the whole amount may be collected from any one of them): … |
If additional pages have been attached, please state the number of pages: …
Done at …, date (dd/mm/yyyy) …
Signature and/or stamp
(1) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(2) Fields marked with (*) are mandatory fields.
(3) If more than three children are concerned, please attach an additional sheet.
(4) If more than two parties are concerned, please attach an additional sheet.
(5) Please copy the relevant part of the order.
(6) If more than one party is concerned, please attach an additional sheet.
(7) If more than one party is concerned, please attach an additional sheet.
(8) If more than one party is concerned, please attach an additional sheet.
(9) If more than three children are concerned, please attach an additional sheet.
(10) If more than one party is concerned, please attach an additional sheet.
(11) Please copy the relevant part of the order.
(12) If more than two parties are concerned, please attach an additional sheet.
(13) This point also covers situations where the costs are awarded in a separate decision. The mere fact that the amount of the costs has not been fixed yet should not prevent the court from issuing the certificate if a party wishes to seek recognition or enforcement of the substantive part of the decision.
(14) If more than one party has been ordered to bear the costs, please attach an additional sheet.
ANNEX VII
CERTIFICATE CONCERNING THE LACK OR LIMITATION OF ENFORCEABILITY OF CERTAIN DECISIONS GRANTING RIGHTS OF ACCESS OR ENTAILING THE RETURN OF THE CHILD WHICH HAVE BEEN CERTIFIED IN ACCORDANCE WITH ARTICLE 47 OF THE REGULATION
(Article 49 of Council Regulation (EC) 2019/1111 (1)
IMPORTANT
To be issued, upon application, where and to the extent that a decision certified in accordance with Article 47 of the Regulation has ceased to be enforceable or its enforceability has been suspended or limited in the Member State of origin.
1. MEMBER STATE OF ORIGIN* (2)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. COURT ISSUING THE CERTIFICATE*
| 2.1. | Name* |
| 2.2. | Address* |
| 2.3. | Tel./fax/e-mail* |
3. DECISION WHICH HAS CEASED TO BE ENFORCEABLE OR WHOSE ENFORCEABILITY HAS BEEN SUSPENDED OR LIMITED*
3.1. Court which gave the decision (if different from point 2)
| 3.1.1. | Name |
| 3.1.2. | Address |
| 3.1.3. | Tel./fax/e-mail |
3.2. Details of the decision*
| 3.2.1. | Date (dd/mm/yyyy)* |
| 3.2.2. | Reference number* |
3.3. Details of the initial certificate
| 3.3.1. | Date (dd/mm/yyyy) (if known) |
| 3.3.2. | Certificate in accordance with:
|
4. THE ENFORCEABILITY OF THE DECISION REFERRED TO IN POINT 3*
4.1. has ceased
4.2. has been suspended
| 4.2.1. | Where applicable, details on the duration of the suspension period: … |
4.3. has been limited
| 4.3.1. | Where applicable, details on the extent of this limitation: … |
5. THE EFFECT(S) INDICATED IN POINT 4*
5.1. arose by operation of law
| 5.1.1. | Where applicable, please indicate the relevant provision(s): … |
5.2. were ordered by a decision
| 5.2.1. | Court which gave the decision (if different from point 2) |
| 5.2.1.1. | Name |
| 5.2.1.2. | Address |
| 5.2.1.3. | Tel./fax/e-mail |
| 5.2.2. | Details of the decision:
|
Done at …, date (dd/mm/yyyy)
Signature and/or stamp
(1) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(2) Fields marked with (*) are mandatory fields.
(3) Please copy the relevant part of the order.
ANNEX VIII
CERTIFICATE CONCERNING AN AUTHENTIC INSTRUMENT OR AN AGREEMENT ON DIVORCE OR LEGAL SEPARATION
(Point (a) of Article 66(1) of Council Regulation (EU) 2019/1111 (1)).
IMPORTANT
To be issued, upon application by a party, only if the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument or register the agreement had jurisdiction under Section 1 of Chapter II of the Regulation, as indicated in point 2, and the authentic instrument or agreement has binding legal effect in that Member State, as indicated in point 7.5 or 8.4.
1. MEMBER STATE OF ORIGIN* (2)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. THE MEMBER STATE OF ORIGIN HAD JURISDICTION UNDER SECTION 1 OF CHAPTER II OF THE REGULATION*
| 2.1. | Yes |
3. COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE*
| 3.1. | Name* |
| 3.2. | Address* |
| 3.3. | Tel./fax/e-mail* |
4. NATURE OF THE DOCUMENT*
| 4.1. | Authentic instrument (then please fill in point 7) |
| 4.2. | Agreement (then please fill in point 8) |
5. OBJECT OF THE AUTHENTIC INSTRUMENT OR AGREEMENT*
| 5.1. | Divorce |
| 5.2. | Legal separation |
6. MARRIAGE*
6.1. Spouses*
| 6.1.1. |
| 6.1.1.1. | Surname(s)* |
| 6.1.1.2. | Given name(s)* |
| 6.1.1.3. | Date of birth (dd/mm/yyyy)* |
| 6.1.1.4. | Place of birth |
| 6.1.1.5. | Identity number or social security number (if applicable and available) |
| 6.1.1.6. | Address (if available) |
| 6.1.1.6.1. | as stated in the authentic instrument or agreement … |
| 6.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 6.1.2. |
| 6.1.2.1. | Surname(s)* |
| 6.1.2.2. | Given name(s)* |
| 6.1.2.3. | Date of birth (dd/mm/yyyy)* |
| 6.1.2.4. | Place of birth |
| 6.1.2.5. | Identity number or social security number (if applicable and available) |
| 6.1.2.6. | Address (if available) |
| 6.1.2.6.1. | as stated in the authentic instrument or agreement … |
| 6.1.2.6.2. | any additional information (for example, concerning a different current address) … |
6.2. Date, country and place of marriage*
| 6.2.1. | Date (dd/mm/yyyy)* |
| 6.2.2. | Country* |
| 6.2.3. | Place (if available) |
7. AUTHENTIC INSTRUMENT
7.1. Public authority or other authority empowered for that purpose which has drawn up or registered the authentic instrument (if different from court or competent authority as indicated in point 3)
| 7.1.1. | Name |
| 7.1.2. | Address |
7.2. Date (dd/mm/yyyy) on which the authentic instrument was drawn up by the authority as indicated in point 3 or in point 7.1
7.3. Reference number of the authentic instrument (if applicable)
7.4. Date (dd/mm/yyyy) on which the authentic instrument was registered in the Member State of origin (if different from the date indicated in point 7.2)
| 7.4.1. | Reference number in the register (if applicable) |
7.5. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin
8. AGREEMENT
8.1. Public authority which registered the agreement (if different from the court or competent authority as indicated in point 3)
| 8.1.1. | Name |
| 8.1.2. | Address |
8.2. Date (dd/mm/yyyy) of registration of the agreement
8.3. Reference number in the register (if applicable)
8.4. Date (dd/mm/yyyy) as of which the agreement has binding legal effect in the Member State of origin
Done at …, date (dd/mm/yyyy)
Signature and/or stamp
(1) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(2) Fields marked with (*) are mandatory fields.
ANNEX IX
CERTIFICATE CONCERNING AN AUTHENTIC INSTRUMENT OR AGREEMENT IN MATTERS OF PARENTAL RESPONSIBILITY
(Point (b) of Article 66(1) of Council Regulation (EU) 2019/1111 (1))
IMPORTANT
To be issued, upon application by a party, only if the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument or register the agreement had jurisdiction under Section 2 of Chapter II of the Regulation, as indicated in point 2, and the authentic instrument or agreement has binding legal effect in that Member State, as indicated in point 12.5 or 13.4.
The certificate must not be issued if there are indications that the content of the authentic instrument or agreement is against the best interests of the child.
1. MEMBER STATE OF ORIGIN* (2)
| Belgium (BE) | Bulgaria (BG) | Czechia (CZ) | Germany (DE) |
| Estonia (EE) | Ireland (IE) | Greece (EL) | Spain (ES) |
| France (FR) | Croatia (HR) | Italy (IT) | Cyprus (CY) |
| Latvia (LV) | Lithuania (LT) | Luxembourg (LU) | Hungary (HU) |
| Malta (MT) | Netherlands (NL) | Austria (AT) | Poland (PL) |
| Portugal (PT) | Romania (RO) | Slovenia (SI) | Slovakia (SK) |
| Finland (FI) | Sweden (SE) | United Kingdom (UK) |
2. THE MEMBER STATE OF ORIGIN HAD JURISDICTION UNDER SECTION 2 OF CHAPTER II OF THE REGULATION*
| 2.1. | Yes |
3. COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE*
| 3.1. | Name* |
| 3.2. | Address* |
| 3.3. | Tel./fax/e-mail* |
4. NATURE OF THE DOCUMENT*
| 4.1. | Authentic instrument (then please fill in point 12) |
| 4.2. | Agreement (then please fill in point 13) |
5. PARTIES (3) TO THE AUTHENTIC INSTRUMENT OR AGREEMENT*
5.1. Party 1*
| 5.1.1. | Natural person |
| 5.1.1.1. | Surname(s) |
| 5.1.1.2. | Given name(s) |
| 5.1.1.3. | Date of birth (dd/mm/yyyy) |
| 5.1.1.4. | Place of birth (if available) |
| 5.1.1.5. | Identity number or social security number (if applicable and available) |
| 5.1.1.6. | Address (if available) |
| 5.1.1.6.1. | as stated in the decision … |
| 5.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 5.1.2. | Legal person, institution or other body |
| 5.1.2.1. | Full name |
| 5.1.2.2. | Identification number (if applicable and available) |
| 5.1.2.3. | Address (if available) |
5.2. Party 2
| 5.2.1. | Natural person |
| 5.2.1.1. | Surname(s) |
| 5.2.1.2. | Given name(s) |
| 5.2.1.3. | Date of birth (dd/mm/yyyy) |
| 5.2.1.4. | Place of birth (if available) |
| 5.2.1.5. | Identity number or social security number (if applicable and available) |
| 5.2.1.6. | Address (if available) |
| 5.2.1.6.1. | as stated in the decision … |
| 5.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 5.2.2. | Legal person, institution or other body |
| 5.2.2.1. | Full name |
| 5.2.2.2. | Identification number (if applicable and available) |
| 5.2.2.3. | Address (if available) |
6. CHILD(REN) (4) COVERED BY THE AUTHENTIC INSTRUMENT OR AGREEMENT*
6.1. Child 1*
| 6.1.1. | Surname(s)* |
| 6.1.2. | Given name(s)* |
| 6.1.3. | Date of birth (dd/mm/yyyy)* |
| 6.1.4. | Place of birth (if available) |
| 6.1.5. | Identity number or social security number (if applicable and available) |
6.2. Child 2
| 6.2.1. | Surname(s) |
| 6.2.2. | Given name(s) |
| 6.2.3. | Date of birth (dd/mm/yyyy) |
| 6.2.4. | Place of birth (if available) |
| 6.2.5. | Identity number or social security number (if applicable and available) |
6.3. Child 3
| 6.3.1. | Surname(s) |
| 6.3.2. | Given name(s) |
| 6.3.3. | Date of birth (dd/mm/yyyy) |
| 6.3.4. | Place of birth (if available) |
| 6.3.5. | Identity number or social security number (if applicable and available) |
7. RIGHTS OF CUSTODY (5)
7.1. Rights of custody attributed or agreed in the authentic instrument or agreement (6)
……
7.2. Attributed to the following party(ies) (7)
| 7.2.1. | Party 1 |
| 7.2.1.1. | Natural person |
| 7.2.1.1.1. | Surname(s) |
| 7.2.1.1.2. | Given name(s) |
| 7.2.1.1.3. | Date of birth (dd/mm/yyyy) |
| 7.2.1.1.4. | Place of birth (if available) |
| 7.2.1.1.5. | Identity number or social security number (if applicable and available) |
| 7.2.1.1.6. | Address (if available) |
| 7.2.1.1.6.1. | as stated in the decision … |
| 7.2.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 7.2.1.2. | Legal person, institution or other body |
| 7.2.1.2.1. | Full name |
| 7.2.1.2.2. | Identification number (if applicable and available) |
| 7.2.1.2.3. | Address (if available) |
| 7.2.2. | Party 2 |
| 7.2.2.1. | Natural person |
| 7.2.2.1.1. | Surname(s) |
| 7.2.2.1.2. | Given name(s) |
| 7.2.2.1.3. | Date of birth (dd/mm/yyyy) |
| 7.2.2.1.4. | Place of birth (if available) |
| 7.2.2.1.5. | Identity number or social security number (if applicable and available) |
| 7.2.2.1.6. | Address (if available) |
| 7.2.2.1.6.1. | as stated in the decision … |
| 7.2.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 7.2.2.2. | Legal person, institution or other body |
| 7.2.2.2.1. | Full name |
| 7.2.2.2.2. | Identification number (if applicable and available) |
| 7.2.2.2.3. | Address (if available) |
7.3. The authentic instrument or agreement entails the handover of the child(ren)
| 7.3.1. | No |
| 7.3.2. | Yes |
| 7.3.2.1. | Details of the handover relevant for enforcement if not already indicated in point 7.1 (for example, to whom, which child(ren), periodical or single handover) …… |
8. RIGHTS OF ACCESS
8.1. Rights of access attributed or agreed in the authentic instrument or agreement (8)
……
8.2. Attributed to the following party(ies) (9)
| 8.2.1. | Party 1 |
| 8.2.1.1. | Surname(s) |
| 8.2.1.2. | Given name(s) |
| 8.2.1.3. | Date of birth (dd/mm/yyyy) |
| 8.2.1.4. | Place of birth (if available) |
| 8.2.1.5. | Identity number or social security number (if applicable and available) |
| 8.2.1.6. | Address (if available) |
| 8.2.1.6.1. | as stated in the authentic instrument or agreement … |
| 8.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 8.2.2. | Party 2 |
| 8.2.2.1. | Surname(s) |
| 8.2.2.2. | Given name(s) |
| 8.2.2.3. | Date of birth (dd/mm/yyyy) |
| 8.2.2.4. | Place of birth (where available) |
| 8.2.2.5. | Identity number or social security number (if applicable and available) |
| 8.2.2.6. | Address (if available) |
| 8.2.2.6.1. | as stated in the authentic instrument or agreement … |
| 8.2.2.6.2. | any additional information (for example, concerning a different current address) … |
8.3. The authentic instrument or agreement entails the handover of the child(ren)
| 8.3.1. | No |
| 8.3.2. | Yes |
| 8.3.2.1. | Details of the handover relevant for enforcement if not already indicated in point 8.1 (for example, to whom, which child(ren), periodical or single handover) …… |
9. OTHER RIGHTS IN MATTERS OF PARENTAL RESPONSIBILITY
9.1. Right(s) attributed or agreed in the authentic instrument or agreement (10)
……
9.2. Attributed to the following party(ies) (11)
| 9.2.1. | Party 1 |
| 9.2.1.1. | Natural person |
| 9.2.1.1.1. | Surname(s) |
| 9.2.1.1.2. | Given name(s) |
| 9.2.1.1.3. | Date of birth (dd/mm/yyyy) |
| 9.2.1.1.4. | Place of birth (if available) |
| 9.2.1.1.5. | Identity number or social security number (if applicable and available) |
| 9.2.1.1.6. | Address (if available) |
| 9.2.1.1.6.1. | as stated in the decision … |
| 9.2.1.1.6.2. | any additional information (for example, concerning a different current address) … |
| 9.2.1.2. | Legal person, institution or other body |
| 9.2.1.2.1. | Full name |
| 9.2.1.2.2. | Identification number (if applicable and available) |
| 9.2.1.2.3. | Address (if available) |
| 9.2.2. | Party 2 |
| 9.2.2.1. | Natural person |
| 9.2.2.1.1. | Surname(s) |
| 9.2.2.1.2. | Given name(s) |
| 9.2.2.1.3. | Date of birth (dd/mm/yyyy) |
| 9.2.2.1.4. | Place of birth (if available) |
| 9.2.2.1.5. | Identity number or social security number (if applicable and available) |
| 9.2.2.1.6. | Address (if available) |
| 9.2.2.1.6.1. | as stated in the decision … |
| 9.2.2.1.6.2. | any additional information (for example, concerning a different current address) … |
| 9.2.2.2. | Legal person, institution or other body |
| 9.2.2.2.1. | Full name |
| 9.2.2.2.2. | Identification number (if applicable and available) |
| 9.2.2.2.3. | Address (if available) |
9.3. The authentic instrument or agreement entails the handover of the child(ren)
| 9.3.1. | No |
| 9.3.2. | Yes |
| 9.3.2.1. | Details of the handover relevant for enforcement if not already indicated in point 9.1 (for example, to whom, which child(ren), periodical or single handover) …… |
10. THE CHILD(REN) (12) AS INDICATED IN POINT 6 WAS (WERE) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS*
10.1. Child as indicated in point 6.1
| 10.1.1. | Yes (then please fill in point 11) |
| 10.1.2. | No |
10.2. Child as indicated in point 6.2
| 10.2.1. | Yes (then please fill in point 11) |
| 10.2.2. | No |
10.3. Child as indicated in point 6.3
| 10.3.1. | Yes (then please fill in point 11) |
| 10.3.2. | No |
11. THE CHILD(REN) (13) CAPABLE OF FORMING HIS OR HER (THEIR) OWN VIEWS AS INDICATED IN POINT 10 WAS (WERE) GIVEN A GENUINE AND EFFECTIVE OPPORTUNITY TO EXPRESS HIS OR HER (THEIR) VIEWS
11.1. Child as indicated in point 6.1.
| 11.1.1. | Yes |
| 11.1.2. | No, for the following reasons: … |
11.2. Child as indicated in point 6.2.
| 11.2.1. | Yes |
| 11.2.2. | No, for the following reasons: … |
11.3. Child as indicated in point 6.3.
| 11.3.1. | Yes |
| 11.3.2. | No, for the following reasons: … |
12. AUTHENTIC INSTRUMENT
12.1. Public authority or other authority empowered for that purpose which has drawn up or registered the authentic instrument (if different from court or competent authority as indicated in point 3)
| 12.1.1. | Name |
| 12.1.2. | Address |
12.2. Date (dd/mm/yyyy) on which the authentic instrument was drawn up by the authority as indicated in point 3 or in point 12.1
12.3. Reference number of the authentic instrument (if applicable)
12.4. Date (dd/mm/yyyy) on which the authentic instrument was registered in the Member State of origin (if different from the date indicated in point 12.2)
| 12.4.1. | Reference number in the register (if applicable) |
12.5. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin
13. AGREEMENT
13.1. Public authority which registered the agreement (if different from the court or competent authority as indicated in point 3)
| 13.1.1. | Name |
| 13.1.2. | Address |
13.2. Date (dd/mm/yyyy) of registration of the agreement
13.3. Reference number in the register (if applicable)
13.4. Date (dd/mm/yyyy) as of which the agreement has binding legal effect in the Member State of origin
14. THE AUTHENTIC INSTRUMENT OR AGREEMENT IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN*
14.1. Concerning rights of custody as indicated in point 7
| 14.1.1. | No |
| 14.1.1.1. | The authentic instrument or agreement does not contain an enforceable obligation. |
| 14.1.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the authentic instrument or agreement became enforceable) …/…/…… |
| 14.1.3. | Yes, but only against the following party (14) as indicated in point … (please fill in) … |
| 14.1.4. | Yes, but limited to the following part(s) of the authentic instrument or agreement (please specify) … |
14.2. Concerning rights of access as indicated in point 8
| 14.2.1. | No |
| 14.2.1.1. | The authentic instrument or agreement does not contain an enforceable obligation. |
| 14.2.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the authentic instrument or agreement became enforceable) …/…/…… |
| 14.2.3. | Yes, but only against the following party (15) as indicated in point … (please fill in) … |
| 14.2.4. | Yes, but limited to the following part(s) of the authentic instrument or agreement (please specify) … |
14.3. Concerning other rights as indicated in point 9
| 14.3.1. | No |
| 14.3.1.1. | The authentic instrument or agreement does not contain an enforceable obligation. |
| 14.3.2. | Yes, without any restrictions (please indicate the date (dd/mm/yyyy) on which the authentic instrument or agreement became enforceable) …/…/…… |
| 14.3.3. | Yes, but only against the following party (16) as indicated in point … (please fill in) … |
| 14.3.4. | Yes, but limited to the following part(s) of the authentic instrument or agreement (please specify) … |
Done at …, date (dd/mm/yyyy)
Signature and/or stamp
(1) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1) ('the Regulation').
(2) Fields marked with (*) are mandatory fields.
(3) If more than two parties are concerned, please attach an additional sheet.
(4) If more than three children are concerned, please attach an additional sheet.
(5) Please be aware that the term 'rights of custody' is defined in point 9 of Article 2(2) of the Regulation.
(6) Please copy the relevant part of the authentic instrument or agreement.
(7) If more than two parties are concerned, please attach an additional sheet.
(8) Please copy the relevant part of the authentic instrument or agreement.
(9) If more than two parties are concerned, please attach an additional sheet.
(10) Please copy the relevant part of the authentic instrument or agreement.
(11) If more than two parties are concerned, please attach an additional sheet.
(12) If more than three children are concerned, please attach an additional sheet.
(13) If more than three children are concerned, please attach an additional sheet.
(14) If more than one party is concerned, please attach an additional sheet.
(15) If more than one party is concerned, please attach an additional sheet.
(16) If more than one party is concerned, please attach an additional sheet.
ANNEX X
Correlation table
| Regulation (EC) No 2201/2003 | This Regulation |
| Article 1 | Article 1 |
| — | Article 1(3) |
| Article 2 | Article 2 |
| Article 3 | Article 3 |
| Article 4 | Article 4 |
| Article 5 | Article 5 |
| Article 6 | Article 6(2) |
| Article 7 | Article 6(1) and (3) |
| Article 8(1) | Article 7(1) |
| Article 8(2) | Article 7(2) |
| Article 9(1) | Article 8(1) |
| Article 9(2) | Article 8(2) |
| Article 10 | Article 9 |
| — | Article 10 |
| Article 11(1) | Article 22 |
| — | Article 23 |
| Article 11(2) | Article 26 |
| Article 11(3) | Article 24(1) |
| — | Article 24(2) |
| — | Article 24(3) |
| — | Article 25 |
| Article 11(4) | Article 27(3) |
| Article 11(5) | Article 27(1) |
| — | Article 27(2) |
| — | Article 27(4) |
| — | Article 27(5) |
| — | Article 27(6) |
| — | Article 28 |
| — | Article 29(1) and (2) |
| Article 11(6) | Article 29(3) |
| — | Article 29(4) |
| Article 11(7) | Article 29(5) |
| Article 11(8) | Article 29(6) |
| Article 12 | — |
| Article 13 | Article 11 |
| Article 14 | Article 14 |
| Article 15(1), (2)(a) and (b) and (4) | Article 12(1) |
| Article 15(3) | Article 12(4) |
| — | Article 12(2) and (3) |
| — | Article 12(5) |
| Article 15(2)(c) | Article 13(1) |
| — | Article 13(2) |
| Article 16 | Article 17 (a) and (b) |
| — | Article 17 (c) |
| — | Article 16 |
| Article 17 | Article 18 |
| Article 18 | Article 19 |
| Article 19 | Article 20 |
| — | Article 20(4) and (5) |
| — | Article 21 |
| Article 20(1) | Article 15(1) |
| Article 20(2) | Article 15(3) |
| — | Article 15(2) |
| Article 21(1) and (2) | Article 30(1) and (2) |
| Article 21(3) | Article 30(3) and (4) |
| Article 21(4) | Article 30(5) |
| Article 22 | Article 38 |
| Article 23 (a), (c), (d), (e) and (f) | Article 39 (a), (b), (c), (d) and (e) |
| Article 23 (b) | Article 39(2) |
| Article 24 | Article 69 |
| Article 25 | Article 70 |
| Article 26 | Article 71 |
| — | Article 72 |
| Article 27(1) | Articles 33 (a) and 44 (a) |
| — | Article 33 (b) |
| — | Article 44 (b) |
| Article 27(2) | — |
| Article 28 | — |
| Article 29 | — |
| — | Article 34 |
| — | Article 35 |
| — | Article 40 |
| — | Article 41 |
| Article 30 | — |
| Article 31 | — |
| Article 32 | — |
| Article 33 | — |
| Article 34 | — |
| Article 35 | — |
| Article 36 | Article 53 |
| — | Article 53(3) |
| Article 37(1) | Article 31(1) |
| — | Article 31(2) and (3) |
| Article 37(2) | — |
| Article 38 | Article 32 |
| Article 39 | Article 36 |
| Article 40 | Articles 42 and 47(1) |
| — | Article 45 |
| — | Article 46 |
| — | Article 47(2) |
| Article 41(1) | Article 43(1) |
| Article 41(2) | Article 47(3) |
| — | Article 47(4), (5) and (6) |
| Article 42(1) | Article 43(1) |
| Article 42(2) | Article 47(3) |
| Article 43 | Articles 37 and 48 |
| — | Article 49 |
| — | Article 50 |
| Article 44 | — |
| Article 45(1) | Article 31(1) |
| Article 45(2) | Article 31(2) |
| — | Article 31(3) |
| Article 46 | Article 65 |
| Article 47(1) | Article 51(1) |
| — | Article 51(2) |
| — | Article 52 |
| Article 48 | Article 54 |
| — | Article 55 |
| — | Article 56 |
| — | Article 57 |
| — | Article 58 |
| — | Article 59 |
| — | Article 60 |
| — | Article 61 |
| — | Article 62 |
| — | Article 63 |
| — | Article 64 |
| — | Article 66 |
| — | Article 67 |
| — | Article 68 |
| Article 49 | Article 73 |
| Article 50 | Article 74(1) |
| — | Article 74(2) |
| Article 51 | Article 75 |
| Article 52 | Article 90 |
| Article 53 | Article 76 |
| Article 54 | Article 77(1) |
| — | Article 77(2) and (3) |
| — | Article 78 |
| — | Article 79 (a) |
| Article 55(1) (a) | Article 79 (b) |
| Article 55(1) (b) | Article 79 (c) |
| — | Article 79 (d) |
| Article 55(1) (c) | Article 79 (e) |
| Article 55(1) (d) | Article 79 (f) |
| Article 55(1) (e) | Article 79 (g) |
| — | Article 80 |
| — | Article 81 |
| Article 56(1) | Article 82(1) |
| — | Article 82(2), (3) and (4) |
| Article 56(2) | Article 82(5) |
| — | Article 82(6) |
| Article 56(3) | Article 82(7) |
| — | Article 82(8) |
| Article 57(1) and (2) | — |
| Article 57(3) | Article 83(1) |
| Article 57(4) | Article 83(2) |
| Article 58 | Article 84 |
| — | Article 85 |
| — | Article 86 |
| — | Article 87 |
| — | Article 88 |
| — | Article 89 |
| — | Article 91 |
| Article 59 | Article 94 |
| Article 60 (a), (b), (c) and (d) | Article 95 |
| Article 60 (e) | Article 96 |
| Article 61 | Article 97(1) |
| — | Article 97(2) |
| Article 62 | Article 98 |
| Article 63 | Article 99 |
| Article 64(1) | Article 100(1) |
| Article 64(2), (3) and (4) | — |
| — | Article 100(2) |
| Article 65 (1) | Article 101(1) |
| — | Article 101(2) |
| Article 66 | Article 102 |
| Article 67 | Article 103 |
| Article 68 | Article 103 |
| Article 69 | Article 92 |
| Article 70 | — |
| — | Article 93 |
| Article 71 | Article 104 |
| Article 72 | Article 105 |
| Annex I | Annex II |
| — | Annex I |
| Annex II | Annex III |
| — | Annex IV |
| Annex III | Annex V |
| Annex IV | Annex VI |
| — | Annex VII |
| — | Annex VIII |
| — | Annex IX |