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

Date26 December 2022
1/7 Generated by the European e-Justice Portal
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/ (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
irreconcilabilitywithadecisionreferredtoinArticle50oftheRegulationisfoundtoexist,providedthatacertificatein
accordance with Article 47 has been issued for the decision. If the court is seised after the three months have expired, or the
conditionsforissuingacertificateinaccordancewithArticle47oftheRegulationarenotmet,theresultingdecision
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
Bulgaria
Czechia
Germany
Estonia
Ireland

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