ANNEX VISupplementary provisions
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): 9.3.1. Please indicate the date (dd/mm/yyyy) on which the decision became enforceable against this party: …/…/…… 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): BG ES CS DE ET EL EN FR GA HR IT LV LT HU MT NL PL PT RO SK SL FI SV 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 … Euro (EUR) Bulgarian lev (BGN) Croatian kuna (HRK) Czech koruna (CZK) Hungarian forint (HUF) Polish zloty (PLN) Pound sterling (GBP) Romanian leu (RON) Swedish krona (SEK) Other (please specify (ISO code)): 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.