Circuit Court Forms

FORM 40C

CERTIFICATE REFERRED TO IN ARTICLE 39 OF COUNCIL REGULATION (EC) NO 2201/2003 CONCERNING JUDGMENTS ON PARENTAL RESPONSIBILITY*

1. Member State of origin

2. Court or authority issuing the certificate

2.1. Name

2.2. Address

2.3. Tel./Fax/e-mail

3. Person(s) with rights of access

3.1. Full name

3.2. Address

3.3. Date and place of birth (where available)

4. Holders of parental responsibility other than those mentioned under 3**

4.1.

4.1.1. Full name

4.1.2. Address

4.1.3. Date and place of birth (where available)

4.2.

4.2.1. Full Name

4.2.2. Address

4.2.3. Date and place of birth (where available)

4.3.

4.3.1. Full name

4.3.2. Address

4.3.3. Date and place of birth (where available)

5. Court which delivered the judgment

5.1. Name of Court

5.2. Place of Court

6. Judgment

6.1. Date

6.2. Reference number

6.3. Was the judgment given in default of appearance?

6.3.1. No

6.3.2. Yes ***

7. Children who are covered by the judgment ****

7.1. Full name and date of birth

7.2. Full name and date of birth

7.3. Full name and date of birth

7.4. Full name and date of birth

8. Names of parties to whom legal aid has been granted

9. Attestation of enforceability and service

9.1. Is the judgment enforceable according to the law of the Member State of origin?

9.1.1. Yes

9.1.2. No

9.2. Has the judgment been served on the party against whom enforcement is sought?

9.2.1. Yes

9.2.1.1. Full name of the party

9.2.1.2. Address

9.2.1.3. Date of service

9.2.2. No

10. Specific information on judgments on rights of access where ‘exequatur’ is requested under Article 28. This possibility is foreseen in Article 40(2).

10.1. Practical arrangements for exercise of rights of access (to the extent stated in the judgment)

10.1.1. Date and time

10.1.1.1. Start

10.1.1.2. End

10.1.2. Place

10.1.3. Specific obligations on holders of parental responsibility

10.1.4. Specific obligations on the person with right of access

10.1.5. Any restrictions attached to the exercise of rights of access

11. Specific information for judgments on the return of the child in cases where the ‘exequatur’ procedure is requested under Article 28. This possibility is foreseen under Article 40(2).

11.1. The judgment entails the return of the child

11.2. Person to whom the child is to be returned (to the extent stated in the judgment)

11.2.1. Full name

11.2.2 Address

Done at .........., date .............

Signature ..........

County Registrar/person authorised

* Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

** In cases of joint custody, a person already mentioned under item 3 may also be mentioned under item 4.

*** Documents referred to in Article 37(2) must be attached.

**** If more than four children are covered, use a second form.