Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognitio... (32019R1111)
INHALT
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 (recast)
- 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
- (recast)
- CHAPTER I
- SCOPE AND DEFINITIONS
- Article 1
- Scope
- Article 2
- Definitions
- CHAPTER II
- JURISDICTION IN MATRIMONIAL MATTERS AND IN MATTERS OF PARENTAL RESPONSIBILITY
- SECTION 1
- Divorce, legal separation and marriage annulment
- Article 3
- General jurisdiction
- Article 4
- Counterclaim
- Article 5
- Conversion of legal separation to divorce
- Article 6
- Residual jurisdiction
- SECTION 2
- Parental responsibility
- Article 7
- General jurisdiction
- Article 8
- Continuing jurisdiction in relation to access rights
- Article 9
- Jurisdiction in cases of the wrongful removal or retention of a child
- Article 10
- Choice of court
- Article 11
- Jurisdiction based on presence of the child
- Article 12
- Transfer of jurisdiction to a court of another Member State
- Article 13
- Request for transfer of jurisdiction by a court of a Member State not having jurisdiction
- Article 14
- Residual jurisdiction
- Article 15
- Provisional, including protective, measures in urgent cases
- Article 16
- Incidental questions
- SECTION 3
- Common provisions
- Article 17
- Seising of a court
- Article 18
- Examination as to jurisdiction
- Article 19
- Examination as to admissibility
- Article 20
- Lis pendens
- and dependent actions
- Article 21
- Right of the child to express his or her views
- CHAPTER III
- INTERNATIONAL CHILD ABDUCTION
- Article 22
- Return of the child under the 1980 Hague Convention
- Article 23
- Receipt and processing of applications by Central Authorities
- Article 24
- Expeditious court proceedings
- Article 25
- Alternative dispute resolution
- Article 26
- Right of the child to express his or her views in return proceedings
- Article 27
- Procedure for the return of a child
- Article 28
- Enforcement of decisions ordering the return of a child
- Article 29
- Procedure following a refusal to return the child under point (b) of Article 13(1) and Article 13(2) of the 1980 Hague Convention
- CHAPTER IV
- RECOGNITION AND ENFORCEMENT
- SECTION 1
- General provisions on recognition and enforcement
- Subsection 1
- Recognition
- Article 30
- Recognition of a decision
- Article 31
- Documents to be produced for recognition
- Article 32
- Absence of documents
- Article 33
- Stay of proceedings
- Subsection 2
- Enforceability and enforcement
- Article 34
- Enforceable decisions
- Article 35
- Documents to be produced for enforcement
- Subsection 3
- Certificate
- Article 36
- Issuance of the certificate
- Article 37
- Rectification of the certificate
- Subsection 4
- Refusal of recognition and enforcement
- Article 38
- Grounds for refusal of recognition of decisions in matrimonial matters
- Article 39
- Grounds for refusal of recognition of decisions in matters of parental responsibility
- Article 40
- Procedure for refusal of recognition
- Article 41
- Grounds for refusal of enforcement of decisions in matters of parental responsibility
- SECTION 2
- Recognition and enforcement of certain privileged decisions
- Article 42
- Scope
- Subsection 1
- Recognition
- Article 43
- Recognition
- Article 44
- Stay of proceedings
- Subsection 2
- Enforceability and enforcement
- Article 45
- Enforceable decisions
- Article 46
- Documents to be produced for enforcement
- Subsection 3
- Certificate for privileged decisions
- Article 47
- Issuance of the certificate
- Article 48
- Rectification and withdrawal of the certificate
- Article 49
- Certificate on lack or limitation of enforceability
- Subsection 4
- Refusal of recognition and enforcement
- Article 50
- Irreconcilable decisions
- SECTION 3
- Common provisions on enforcement
- Subsection 1
- Enforcement
- Article 51
- Enforcement procedure
- Article 52
- Authorities competent for enforcement
- Article 53
- Partial enforcement
- Article 54
- Arrangements for the exercise of rights of access
- Article 55
- Service of certificate and decision
- Subsection 2
- Suspension of enforcement proceedings and refusal of enforcement
- Article 56
- Suspension and refusal
- Article 57
- Grounds for suspension or refusal of enforcement under national law
- Article 58
- Jurisdiction of authorities or courts competent for refusal of enforcement
- Article 59
- Application for refusal of enforcement
- Article 60
- Expeditious procedures
- Article 61
- Challenge or appeal
- Article 62
- Further challenge or appeal
- Article 63
- Stay of proceedings
- SECTION 4
- Authentic instruments and agreements
- Article 64
- Scope
- Article 65
- Recognition and enforcement of authentic instruments and agreements
- Article 66
- Certificate
- Article 67
- Rectification and withdrawal of the certificate
- Article 68
- Grounds for refusal of recognition or enforcement
- SECTION 5
- Other provisions
- Article 69
- Prohibition of review of jurisdiction of the court of origin
- Article 70
- Differences in applicable law
- Article 71
- Non-review as to substance
- Article 72
- Appeal in certain Member States
- Article 73
- Costs
- Article 74
- Legal aid
- Article 75
- Security, bond or deposit
- CHAPTER V
- COOPERATION IN MATTERS OF PARENTAL RESPONSIBILITY
- Article 76
- Designation of Central Authorities
- Article 77
- General tasks of Central Authorities
- Article 78
- Requests through Central Authorities
- Article 79
- Specific tasks of requested Central Authorities
- Article 80
- Cooperation on collecting and exchanging information relevant in procedures in matters of parental responsibility
- Article 81
- Implementation of decisions in matters of parental responsibility in another Member State
- Article 82
- Placement of a child in another Member State
- Article 83
- Costs of Central Authorities
- Article 84
- Meetings of Central Authorities
- CHAPTER VI
- GENERAL PROVISIONS
- Article 85
- Scope
- Article 86
- Cooperation and communication between courts
- Article 87
- Collection and transmission of information
- Article 88
- Notification of the data subject
- Article 89
- Non-disclosure of information
- Article 90
- Legalisation or other similar formality
- Article 91
- Languages
- CHAPTER VII
- DELEGATED ACTS
- Article 92
- Amendments to the Annexes
- Article 93
- Exercise of the delegation
- CHAPTER VIII
- RELATIONS WITH OTHER INSTRUMENTS
- Article 94
- Relations with other instruments
- Article 95
- Relations with certain multilateral conventions
- Article 96
- Relation with the 1980 Hague Convention
- Article 97
- Relation with the 1996 Hague Convention
- Article 98
- Scope of effect
- Article 99
- Treaties with the Holy See
- CHAPTER IX
- FINAL PROVISIONS
- Article 100
- Transitional provisions
- Article 101
- Monitoring and Evaluation
- Article 102
- Member States with two or more legal systems
- Article 103
- Information to be communicated to the Commission
- Article 104
- Repeal
- Article 105
- Entry into force
- ANNEX I
- 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
- Information for the court receiving this certificate for the purposes of Article 29(3) of the Regulation (3)
- 1. MEMBER STATE OF ORIGIN OF THE DECISION REFUSING THE RETURN OF THE CHILD(REN)
- *
- (4)
- 2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE
- *
- 3. DECISION
- *
- 4. ADDITIONAL DOCUMENTS (WHICH MAY BE SHARED WITH THE PARTIES)
- *
- 4.1. A transcript, summary or minutes of the hearing
- *
- 4.2. Any other documents the court considers relevant
- *
- (5)
- 5. CHILD(REN) (6) NOT TO BE RETURNED ACCORDING TO THE DECISION
- *
- 5.1. Child 1
- *
- 5.2. Child 2
- 5.3. Child 3
- 6. PERSONS (7) CONCERNED BY THE RETURN PROCEEDINGS
- *
- 6.1. Person seeking the return of the child(ren)
- *
- 6.2. Respondent
- *
- 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
- *
- 7.2. Child 2
- 7.3. Child 3
- 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
- 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
- *
- 9.2. Person 2 as indicated in point 6.2
- *
- 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
- *
- ANNEX II
- CERTIFICATE CONCERNING DECISIONS IN MATRIMONIAL MATTERS
- (Point (a) of Article 36(1) of Council Regulation (EU) 2019/1111 (1))
- IMPORTANT
- 1. MEMBER STATE OF ORIGIN
- *
- (2)
- 2. COURT ISSUING THE CERTIFICATE
- *
- 3. COURT WHICH GAVE THE DECISION (if different)
- 4. DECISION
- *
- 4.1. Date (dd/mm/yyyy)
- *
- 4.2. Reference number
- *
- 4.3. Type of decision
- *
- 5. MARRIAGE
- *
- 5.1. Spouses
- *
- 5.2. Date, country and place of marriage
- *
- 6. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
- *
- 6.1. No
- 6.2. Yes
- 7. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
- *
- 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)
- 10. COSTS AND EXPENSES OF THE PROCEEDINGS (3)
- ANNEX III
- CERTIFICATE CONCERNING DECISIONS IN MATTERS OF PARENTAL RESPONSIBILITY
- (Point (b) of Article 36(1) of Council Regulation (EU) 2019/1111 (1))
- IMPORTANT
- 1. MEMBER STATE OF ORIGIN
- *
- (2)
- 2. COURT ISSUING THE CERTIFICATE
- *
- 3. COURT WHICH GAVE THE DECISION (if different)
- 4. DECISION
- *
- 5. CHILD(REN) (3) COVERED BY THE DECISION
- *
- 5.1. Child 1
- *
- 5.2. Child 2
- 5.3. Child 3
- 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)
- 6.3. The decision entails the handover of the child(ren)
- 7. RIGHTS OF ACCESS
- 7.1. Rights of access granted by the decision (7)
- 7.2. Granted to the following party(ies) (8)
- 7.3. The decision entails the handover of the child(ren)
- 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)
- 8.3. The decision entails the handover of the child(ren)
- 9. THE DECISION ORDERS (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURE(S)
- *
- 9.1. No
- 9.2. Yes
- 10. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
- *
- 11. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
- *
- 11.1. Concerning rights of custody as indicated in point 6
- 11.2. Concerning rights of access as indicated in point 7
- 11.3. Concerning other rights in matters of parental responsibility as indicated in point 8
- 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)
- 12.2. Upon the party as indicated in point … (please fill in)
- 13. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
- *
- 13.1. No
- 13.2. Yes
- 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
- 14.2. Child as indicated in point 5.2
- 14.3. Child as indicated in point 5.3
- 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
- 15.2. Child as indicated in point 5.2
- 15.3. Child as indicated in point 5.3
- 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)
- 17. COSTS AND EXPENSES OF THE PROCEEDINGS (19)
- 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
- 1. MEMBER STATE OF ORIGIN OF THE DECISION ORDERING THE RETURN OF THE CHILD(REN)
- *
- (3)
- 2. COURT ISSUING THE CERTIFICATE
- *
- 3. COURT WHICH GAVE THE DECISION (if different)
- 4. DECISION
- *
- 5. CHILD(REN) (4) TO BE RETURNED ACCORDING TO THE DECISION
- *
- 5.1. Child 1
- *
- 5.2. Child 2
- 5.3. Child 3
- 6. MEMBER STATE TO WHICH THE CHILD(REN) SHOULD BE RETURNED ACCORDING TO THE DECISION
- *
- 7. IF AND TO THE EXTENT STATED IN THE DECISION, THE CHILD(REN) IS (ARE) TO BE RETURNED TO (5)
- 7.1. Party 1
- 7.2. Party 2
- 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
- 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)
- 11. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
- *
- 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)
- 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
- *
- 14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
- *
- 14.1. No
- 14.2. Yes
- 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.
- 15.2. Child as indicated in point 5.2.
- 15.3. Child as indicated in point 5.3.
- 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
- 16.2. Child as indicated in point 5.2
- 16.3. Child as indicated in point 5.3
- 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)
- 18. COSTS AND EXPENSES OF THE PROCEEDINGS (14)
- 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
- 1. MEMBER STATE OF ORIGIN
- *
- (2)
- 2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE
- *
- 3. DECISION
- *
- 4. CHILD(REN) (3) COVERED BY THE DECISION
- *
- 4.1. Child 1
- *
- 4.2. Child 2
- 4.3. Child 3
- 5. PARTY(IES) (4) WHO WAS (WERE) GRANTED RIGHTS OF ACCESS
- *
- 5.1. Party 1
- *
- 5.2. Party 2
- 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
- *
- 7.2. Party 2
- 8. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
- *
- 9. THE DECISION IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
- *
- 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
- *
- 10.2. Upon the party as indicated in point 7.2
- 11. ALL PARTIES CONCERNED WERE GIVEN AN OPPORTUNITY TO BE HEARD
- *
- 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
- 12.2. Child as indicated in point 4.2
- 12.3. Child as indicated in point 4.3
- 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
- 13.2. Child as indicated in point 4.2
- 13.3. Child as indicated in point 4.3
- 14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
- *
- 14.1. No
- 14.2. Yes
- 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)
- 16. COSTS AND EXPENSES OF THE PROCEEDINGS (12)
- 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
- 1. MEMBER STATE OF ORIGIN
- *
- (2)
- 2. COURT WHICH GAVE THE DECISION AND IS ISSUING THE CERTIFICATE
- *
- 3. DECISION
- *
- 4. CHILD(REN) (3) TO BE RETURNED ACCORDING TO THE DECISION
- *
- 4.1. Child 1
- *
- 4.2. Child 2
- 4.3. Child 3
- 5. IF AND TO THE EXTENT STATED IN THE DECISION, THE CHILD(REN) IS (ARE) TO BE RETURNED TO (4)
- 5.1. Party 1
- 5.2. Party 2
- 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)
- 8. THE DECISION IS SUBJECT TO FURTHER APPEAL UNDER THE LAW OF THE MEMBER STATE OF ORIGIN
- *
- 9. THE PART OF THE DECISION ENTAILING THE RETURN OF THE CHILD(REN) IS ENFORCEABLE IN THE MEMBER STATE OF ORIGIN
- *
- 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
- 11. ALL PARTIES CONCERNED WERE GIVEN AN OPPORTUNITY TO BE HEARD
- *
- 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
- 12.2. Child as indicated in point 4.2
- 12.3. Child as indicated in point 4.3
- 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
- 13.2. Child as indicated in point 4.2
- 13.3. Child as indicated in point 4.3
- 14. THE DECISION WAS GIVEN IN DEFAULT OF APPEARANCE
- *
- 14.1. No
- 14.2. Yes
- 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
- *
- 16. THE DECISION INCLUDES (A) PROVISIONAL, INCLUDING PROTECTIVE, MEASURE(S)
- *
- 16.1. No
- 16.2. Yes
- 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)
- 18. COSTS AND EXPENSES OF THE PROCEEDINGS (13)
- 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
- 1. MEMBER STATE OF ORIGIN
- *
- (2)
- 2. COURT ISSUING THE CERTIFICATE
- *
- 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)
- 3.2. Details of the decision
- *
- 3.3. Details of the initial certificate
- 4. THE ENFORCEABILITY OF THE DECISION REFERRED TO IN POINT 3
- *
- 4.1. has ceased
- 4.2. has been suspended
- 4.3. has been limited
- 5. THE EFFECT(S) INDICATED IN POINT 4
- *
- 5.1. arose by operation of law
- 5.2. were ordered by a decision
- 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
- 1. MEMBER STATE OF ORIGIN
- *
- (2)
- 2. THE MEMBER STATE OF ORIGIN HAD JURISDICTION UNDER SECTION 1 OF CHAPTER II OF THE REGULATION
- *
- 3. COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE
- *
- 4. NATURE OF THE DOCUMENT
- *
- 5. OBJECT OF THE AUTHENTIC INSTRUMENT OR AGREEMENT
- *
- 6. MARRIAGE
- *
- 6.1. Spouses
- *
- 6.2. Date, country and place of marriage
- *
- 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)
- 7.2. 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)
- 7.5. 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)
- 8.2. 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
- 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
- 1. MEMBER STATE OF ORIGIN
- *
- (2)
- 2. THE MEMBER STATE OF ORIGIN HAD JURISDICTION UNDER SECTION 2 OF CHAPTER II OF THE REGULATION
- *
- 3. COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE
- *
- 4. NATURE OF THE DOCUMENT
- *
- 5. PARTIES (3) TO THE AUTHENTIC INSTRUMENT OR AGREEMENT
- *
- 5.1. Party 1
- *
- 5.2. Party 2
- 6. CHILD(REN) (4) COVERED BY THE AUTHENTIC INSTRUMENT OR AGREEMENT
- *
- 6.1. Child 1
- *
- 6.2. Child 2
- 6.3. Child 3
- 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)
- 7.3. The authentic instrument or agreement entails the handover of the child(ren)
- 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)
- 8.3. The authentic instrument or agreement entails the handover of the child(ren)
- 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)
- 9.3. The authentic instrument or agreement entails the handover of the child(ren)
- 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
- 10.2. Child as indicated in point 6.2
- 10.3. Child as indicated in point 6.3
- 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.
- 11.2. Child as indicated in point 6.2.
- 11.3. Child as indicated in point 6.3.
- 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)
- 12.2. 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)
- 12.5. 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)
- 13.2. 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
- 14.2. Concerning rights of access as indicated in point 8
- 14.3. Concerning other rights as indicated in point 9
- ANNEX X
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