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/ (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:
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:
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)
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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 *
2.1. Name
2.2. Address
Tel.
Fax
E-mail
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
4.2. Any other documents the court considers relevant
(please specify)
