Proposal for a COUNCIL DECISION amending Annexes II and III of Council Decision of 9 June 2011 on the approval, on behalf of the European Union, of The Hague Convention of 23 November 2007, on the International Recovery of Child Support and Other Forms of Family Maintenance
Date: 2013-01-29
Institutions: Council of the European Union
Subjects: England, Northern Ireland, Scotland, Wales, breadwinner, enforcement of ruling, international convention, judicial cooperation in civil matters in the EU, maintenance obligation, mutual recognition principle, parental responsibility

EUROPEAN 
COMMISSION 

Brussels, 29.1.2013  
COM(2013) 35 final 

2013/0019 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Annexes II and III of Council Decision of 9 June 2011 on the approval, on 
behalf of the European Union, of The Hague Convention of 23 November 2007, on the 
International Recovery of Child Support and Other Forms of Family Maintenance 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The objective of the 2007 Hague Convention on the International Recovery of Child Support 
and Other Forms  of Family Maintenance Convention is to ensure the effective international 
recovery of child support and other forms of family maintenance. Since the vast majority of 
maintenance  claims  involve  children,  the  Convention  is  first  and  foremost  a  measure  to 
protect children. 

On  31  March  2011,  the  Council  adopted  the  decision  on  the  signing,  on  behalf  of  the 
European Union, of the 2007 Hague Maintenance Convention. The Convention was signed by 
the European Union on 6 April 2011. 

On 9 June 2011, the Council adopted the decision on the approval, on behalf of the European 
Union,  of  the  2007  Hague  Maintenance  Convention.  The  deposit  of  the  instrument  of 
approval was foreseen after the deadline of 10 December 2012 established by Article 7 of the 
Council Decision for the notification to the Commission by the Member States of the contact 
details  of  the  Central  Authorithies  designated  under  the  Convention  and  the  information 
concerning laws, procedures and services referred to in Article 57 of the Convention. 

Articles 5 and 6 of the Council Decision provide also for the Union to make the reservation 
under Article 44 (3) and the reservations under point (g) of Article 11(1) and Article 44 (1) 
and (2). The text of the declaration and of the reservations is attached in Annex II and III to 
the Council Decision. 

During negotiations, the deadline of 16 May 2011 was set in order to allow Member States to 
provide information for the declaration and reservations to be made by the Union at the time 
of the deposit of the instrument of approval. 

However,  after  the  adoption  of  the  Council  Decision  on  9  June  2011,  some  Member  States 
have  felt  the  necessity  to  amend  their  previous  statement  (Latvia)  or  to  make  ex  novo  the 
declaration  and  reservations  under  Article  5  and  6  of  the  Council  Decision  (Cyprus, 
Luxembourg and Portugal). 

Before  depositing  the  instrument  of  approval,  Annexes  II  and  III  need  therefore  to  be 
amended accordingly.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES  

The  issue  was  discussed  in  the  Council  during  the  meetings  of  the  Working  Party  on  Civil 
Law  Matters  (General  Questions),  in  particular  on  11  June  2012.  The  last  requests  of 
amendment of the annexes were received end of July 2012 and the English translations on 20 
August 2012. The Commission informed the Member States that the proposal amending the 
Council Decision of 9 June 2011 would have not been adopted before the end of November 
2012, at the earliest. 

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2013/0019 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Annexes II and III of Council Decision of 9 June 2011 on the approval, on behalf of 
the European Union, of The Hague Convention of 23 November 2007, on the International 
Recovery of Child Support and Other Forms of Family Maintenance 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular the first 
subparagraph  of  Article 81(3),  in  conjunction  with  point  (b)  of  the  second  subparagraph  of 
Article 218(6) and the first sentence of the second subparagraph of Article 218(8) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Parliament1,  

Whereas: 

(1) 

(2) 

Annex  II  to  Council  Decision  2011/432/EU  indicates  the  reservation  to  be  made  by  the 
European  Union  at  the  time  of  the  approval  of  The  Hague  Convention  of  23  November 
2007,  on  the  International  Recovery  of  Child  Support  and  Other  Forms  of  Family 
Maintenance in accordance with its Article 62 thereof. 

Annex  III  to  Council  Decision  2011/432/EU  indicates  the  declarations  to  be  made  by  the 
European  Union  at  the  time  of  the  approval  of  The  Hague  Convention  of  23  November 
2007,  on  the  International  Recovery  of  Child  Support  and  Other  Forms  of  Family 
Maintenance in accordance with its Article 63 thereof. 

(3)  Member  States  have notified the Commission of additional amendments to the reservation 
and  declarations  set  out  in  Annexes  II  and  III.  It  therefore  appears  appropriate  to  amend 
these annexes before depositing the instrument of approval of The Hague Convention of 23 
November 2007 on the International Recovery of Child Support and Other Forms of Family 
Maintenance,  

HAS ADOPTED THIS DECISION:  

Annexes II to III to Council Decision 2011/432/EU are replaced by the corresponding Annexes to 
this Decision. 

Article 1 

This Decision shall enter into force on the day of its adoption. 

Article 2] 

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This Decision is addressed to the Member States. 

Done at Brussels,  

Article 3 

For the Council 
The President 

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European Union reservation 

at the time of the approval of the Hague Convention of 23 November 2007 

on the International Recovery of Child Support 

and Other Forms of Family Maintenance ("the Convention") 

in accordance with Article 62 thereof 

ANNEX II  

The  European  Union  makes  the  following  reservation  provided  for  in  Article 44(3)  of 

the Convention: 

The Republic of Cyprus, the Czech Republic, the Republic of Estonia, the Hellenic Republic, the 

Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the 

Slovak  Republic,  the  Kingdom  of  Sweden  and  the  United  Kingdom  of  Great  Britain  and 

Northern Ireland object to the use of French in communications between Central Authorities. 

The Grand Duchy of Luxembourg objects to the use of English in communications between Central 

Authorities. 

___________________ 

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ANNEX III 

European Union declarations 

at the time of the approval 

of the Hague Convention of 23 November 2007 

on the International Recovery of Child Support 

and Other Forms of Family Maintenance 

("the Convention") in accordance with Article 63 thereof 

1. 

Declaration referred to in point (g) of Article 11(1) of the Convention 

The  European  Union  declares  that,  in  the  Member States  listed  below,  an  application  other 

than  an  application  under  Article 10(1)(a)  and (2)(a)  of  the  Convention  shall  include  the 

information or documents specified for each of the listed Member States: 

The Kingdom of Belgium: 

– 

For applications under Article 10(1)(e) and (f) and (2)(b) and (c), the complete text of 

the decision or the decisions in certified copy or copies. 

The Czech Republic: 

– 

The  power  of  attorney  granted  to  the  Central  Authority  by  the  applicant  pursuant  to 

Article 42. 

The Federal Republic of Germany: 

– 

The  creditor's  nationality,  profession  or  occupation  and,  where  appropriate,  his  legal 

representative's name and address. 

– 

The debtor's nationality, profession or occupation, inasmuch as they are known to the 

creditor. 

– 

In  the  case  of  an  application  by  a  public  law  service  provider  asserting 

transferred-right  maintenance  claims,  the  name  and  contact  data  of  the  person  whose  claim 

has been transferred. 

– 

In  the  case  of  indexation  of  an  enforceable  claim,  the  method  of  calculating  the 

indexation and, in the event of an obligation to pay legal interest, the legal interest rate and the 

starting date for the mandatory interest. 

The Republic of Latvia: 

– The application includes the information specified in the relevant forms recommended and 

published  by  the  Hague  Private  International  Law  Conference  and  is  accompanied  by  a 

receipt for payment of state tax in cases where the applicant is not exempt from payment of 

state  tax  or  does  not  receive  legal  assistance,  as  well  as  documents  which  confirm  the 

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information 

included 

in 

the 

application. 

– 

The application includes the applicant's personal code (if assigned in the Republic of 

Latvia) or identification number, if assigned; the respondent's personal code (if assigned in the 

Republic  of  Latvia)  or  identification  number,  if  assigned;  the  personal  codes  (if  assigned  in 

the  Republic  of  Latvia)  or  identification  numbers,  if  assigned,  of  all  the  persons  for  whom 

maintenance is sought. 

– 

Applications  referred  to  in  Article  10(1)(a),  (b),  (d)  and  (f)  and  2(a)  and  (c)  of  the 

Convention  which  do  not  concern  child  support  (within  the  meaning  of  Article  15  of  the 

Convention)  are  accompanied  by  a  document  showing  the  extent  to  which  the  applicant 

received  free  legal  assistance  in  the  State  of  origin,  containing  information  on  the  type  and 

amount  of  legal  assistance  already  called  upon  and  indicating  what  further  legal  assistance 

will be needed. 

_ 

Applications referred to in Article 10(1)(b) of  the Convention are accompanied by a 

document indicating the applicant's chosen means of enforcement (proceedings to recover the 

debtor's movable assets, funds and/or immovable property). 

_ 

Applications referred to in Article 10(1)(b) of  the Convention are accompanied by a 

document containing a calculation of the debt. 

_ 

Applications  referred  to  in  Article  10(1)(c),  (d),  (e)  and  (f)  and  2(b)  and  (c)  of  the 

Convention are accompanied by documents which substantiate the information concerning the 

financial situation and expenses of the creditor and/or debtor. 

The Republic of Poland: 

I. 

1. 

Application under Article 10(1)(b) 

An  application  for  enforcement  of  a  decision  should  contain  the  name  of  the  court 

which  issued  the  judgment,  the  date  of  the  judgment  and  the  forename  and  surname  of  the 

parties to the proceedings. 

2. 

– 

The following documents should be enclosed: 

original of the enforceable title (certified copy of the judgment together with the order 

for its enforcement), 

– 

– 

– 

– 

detailed list of arrears, 

details of the bank account to which the enforced amounts should be transferred, 

copy of the application together with annexes, 

translation of all documents into Polish by a (professional) sworn translator. 

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3. 

The  application,  grounds  for  the  application,  list  of  arrears  and  information  on  the 

financial situation of the debtor must be signed personally by the creditor(s) or, in the case of 

minors, by their legal representative. 

4. 

Where  the  creditor  is  not  in  possession  of  the  original  of  the  enforceable  title,  the 

reason must be stated in the application (e.g. document lost or destroyed, or enforceable title 

not established by the court). 

5. 

In the event of loss of the enforceable title, an application for a further establishment 

of the enforceable title to replace the one lost should be enclosed. 

II. 

1. 

Applications under Article 10(1)(c) and (d) 

An  application  for  the  establishment  of  a  decision  awarding  child  support  should 

contain  an  indication  of  the  monthly  amount  requested  in  the  title  as  child  support  for  each 

creditor. 

2. 

The  application  and  grounds  for  the  application  must  be  signed  personally  by  the 

creditor(s) or, in the case of minors, by their legal representative.  

3. 

In  the  grounds  for  an  application  for  establishment  of  a  decision,  it  is  necessary  to 

state all facts justifying the request, and in particular to supply information concerning: 

a. 

the  relationship  between  the  creditor  and  debtor:  child  (child  from  a  marriage/child 

formally  recognised  by  the  debtor/paternity  of  the  child  established  by  court  proceedings), 

other relative, spouse, former spouse, related, 

b. 

information  regarding 

the  financial  situation  of 

the  creditor  should  contain 

data concerning: 

– 

– 

the age, health and level of education of the creditor, 

the  monthly  outgoings  of  the  creditor  (food,  clothes,  personal  hygiene,  prevention, 

medicine, rehabilitation, training, leisure, exceptional expenditure, etc.), 

– 

(where child support is requested for more than one entitled person – the above data 

should be supplied for each of these persons), 

– 

education of the parent taking care of the under-age creditor, their acquired profession 

and their actual profession, 

– 

– 

sources and amount of monthly income of the parent taking care of the creditor, 

monthly outgoings of the parent caring for the under-age creditor for the maintenance 

of himself/herself and others, in addition to the creditor, dependent on him/her for support, 

c. 

information  on  the  financial  situation  of  the  debtor  should  also  contain  data  on  the 

education of the debtor, their acquired profession and their actual profession. 

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4. 

It should be indicated which of the facts described in the grounds are to be stated in 

the  taking  of  evidence  (e.g.  reading  the  document  at  the  hearing,  hearing  the  witness(es), 

hearing the creditor or his/her legal representative, hearing the debtor, etc.). 

5. 

It  is  necessary  to  indicate  each  piece  of  evidence  required  and  all  information 

necessary to enable the court to take such evidence. 

6. 

Documents should be written and attached to the application in the original or in the 

form of certified copies; documents drawn up in a foreign language should be accompanied 

by a certified translation into Polish. 

7. 

Witnesses: the first name, surname and address of each witness should be included. 

III.  Application provided for in Article 10(1)(e) and (f) 

1. 

a. 

An application for modification of a decision awarding maintenance must include: 

the name of the court issuing the judgment, the date of the judgment and the first name 

and surname of the parties to the proceedings, 

b. 

an  indication  of  the  monthly  amount  of  maintenance  claimed  on  behalf  of  each 

creditor instead of the maintenance previously awarded. 

2. 

The  reasons  given  in  the  application  should  set  out  the  change  in  circumstances 

justifying the claim for a change to the amount of maintenance. 

3. 

The  application  and  grounds  for  the  application  must  be  signed  personally  by  the 

creditor(s) or, in the case of minors, by their legal representative. 

4. 

It should be indicated which of the facts described in the grounds are to be stated in 

the  taking  of  evidence  (e.g.  reading  the  document  at  the  hearing,  hearing  the  witness(es), 

hearing the creditor or his/her legal representative, hearing the debtor, etc.). 

5. 

It  is  necessary  to  indicate  each  piece  of  evidence  requested  and  all  information 

necessary to enable the court to take such evidence. 

6. 

Documents should be written and attached to the application in the original or in the 

form of certified copies; documents drawn up in a foreign language should be accompanied 

by a certified translation into Polish. 

7. 

Witnesses: the first name, surname and address of each witness should be included. 

IV.  Application provided for in Article 10(2)(b) and (c) 

1. 

a. 

An application for modification of a decision awarding maintenance must include: 

the name of the court issuing the judgment, the date of the judgment and the first name 

and surname of the parties to the proceedings, 

b. 

an  indication  of  the  monthly  amount  of  maintenance  claimed  on  behalf  of  each 

creditor instead of the maintenance previously awarded. 

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2. 

The  reasons  given  in  the  application  should  set  out  the  change  in  circumstances 

justifying the claim for a change to the amount of maintenance. 

3. 

The  application  and  grounds  for  the  application  must  be  signed  personally  by  the 

debtor. 

4. 

It should be indicated which of the facts described in the grounds are to be stated in 

the  taking  of  evidence  (e.g.  reading  the  document  at  the  hearing,  hearing  the  witness(es), 

hearing the creditor or his/her legal representative, hearing the debtor, etc.). 

5. 

It  is  necessary  to  indicate  each  piece  of  evidence  requested  and  all  information 

necessary to enable the court to take such evidence. 

6. 

Documents should be written and attached to the application in the original or in the 

form of certified copies; documents drawn up in a foreign language should be accompanied 

by a certified translation into Polish. 

7. 

Witnesses: the first name, surname and address of each witness should be included. 

The Republic of Portugal: 

I. Application under point (b) of Article 10(1): 

– An application for enforcement of a decision must be accompanied, in addition to the 

documents referred to in Article 25, by: 

1. a detailed list of arrears and, in the case of indexation of an enforceable claim, the method 

of calculating that indexation; in the event of an obligation to pay legal interest, an indication 

of the legal interest rate and the date of commencement of the obligation; 

2. full identification of the bank account to which the amounts must be transferred.  

II. Application under points (c) and (d) of Article 10(1): 

– An application for establishment of a decision awarding child support, within the meaning 

of Article 15, must be accompanied by the following supporting documents: 

1. monthly amount of child support applied for on behalf of each creditor;  

2. grounds for the application for establishment of a decision, which must report all the facts 

in support of the application and provide information on: 

a. the relationship between the creditor and debtor: child (child from a marriage/child 

formally recognised by the debtor/paternity of the child established by court proceedings), 

including submission of a certificate attesting to parentage/adoption; 

b. the financial situation of the legal representative of the creditor(s) (parent or 

guardian),which must include data on:  

– monthly maintenance expenses: food, health, clothing, accommodation, education (where 

child support is requested for more than one entitled person, the above data should be 

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supplied for each of these persons); 

– sources and amount of monthly income of the parent taking care of the creditor;  

– monthly outgoings of the parent caring for an under-age creditor, for the maintenance of 

himself/herself and others for whom he/she is responsible; 

3. application and grounds for application, signed personally by the creditor(s) or, in the case 

of minors, by his/her/their legal representative;  

III. Application under points (e) and (f) of Article 10(1): 

– An application for modification of a decision awarding maintenance must include: 

1. the name of the court issuing the judgment, the date of the judgment and identification of 

the parties to the proceedings;  

2. an indication of the monthly amount of maintenance claimed on behalf of each creditor 

instead of the maintenance previously awarded; 

3. in its grounds, an indication of the change in circumstances justifying the claim for a 

change to the amount of maintenance;  

4. supporting documents, which should be listed and attached to the application – originals or 

certified copies; 

5. on the application and its grounds, the personal signature of the creditor(s) or, in the case of 

minors, of their legal representative; 

IV. Application under points (b) and (c) of Article 10(2):  

– An application for modification of a decision awarding maintenance (submitted by the 

debtor) must include:  

1. the name of the court issuing the judgment, the date of the judgment and identification of 

the parties to the proceedings;  

2. an indication of the monthly amount of maintenance claimed on behalf of each creditor 

instead of the maintenance previously awarded; 

3. in its grounds, an indication of the change in circumstances justifying the claim for a 

change to the amount of maintenance;  

4. supporting documents, which should be listed and attached to the application – originals or 

certified copies; 

5. on the application and its grounds, the personal signature of the debtor(s). 

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The Slovak Republic: 

– 

Information about the nationality of all the parties involved. 

The United Kingdom of Great Britain and Northern Ireland: 

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Application under Article 10(1) b) 

England and Wales 

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; 

Document  stating  that  the  debtor  appeared  at  the  original  hearing  and  if  not,  document 

attesting that debtor had been notified and served of those proceedings or that he was notified 

of  the  original  decision  and  was  given  opportunity  to  defend  or  appeal;  Statement  as  to 

whereabouts of debtor – residential and employment; Statement as to identification of debtor; 

Photograph  of  debtor,  if  available;  Document  indicating  the  extent  that  the  applicant  has 

benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if 

applicable;  Certificate  from  school/college  if  applicable;  Certified  copy  of  Marriage 

Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of 

the marriage or other relationship, if applicable. 

Scotland 

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; 

Document  stating  that  the  debtor  appeared  at  the  original  hearing  and  if  not,  document 

attesting  that  debtor  had  been  notified  of  those  proceedings  or  that  he  was  notified  of  the 

original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; 

Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of 

Birth  or  Adoption  Certificate  of  child(ren)  if  applicable;  Certificate  from  school/college  if 

applicable. 

Northern Ireland 

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; 

Document  stating  that  the  debtor  appeared  at  the  original  hearing  and  if  not,  document 

attesting  that  debtor  had  been  notified  of  those  proceedings  or  that  he  was  notified  of  the 

original decision and was given opportunity to appeal; Statement as to whereabouts of debtor 

– residential and employment; Statement as to identification of debtor; Photograph of debtor, 

if  available;  Document  indicating  the  extent  that  the  applicant  has  benefited  from  free  legal 

aid;  Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if  applicable;  Certificate 

from school/college if applicable; Certified copy of Marriage Certificate if applicable. 

Application under Article 10(1) c) 

England and Wales 

Documents  relevant  to  financial  situation  –  income/outgoings/assets;  Statement  as  to 

whereabouts  of  defendant  –  residential  and  employment;  Statement  as  to  identification  of 

defendant;  Photograph  of  defendant,  if  available;  Certified  copy  of  Birth  or  Adoption 

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Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified 

copy  of  Marriage  Certificate  if  applicable;  Certified  copy  order  or  other  instrument 

evidencing  the  dissolution  of  the  marriage  or  other  relationship,  if  applicable.  Copy  of  any 

relevant court orders; Legal aid application; Document proving parentage if applicable; Any 

other  specified  documents  under  Articles  16(3),  25(1)a),  b)  and  d)  and  (3)  b)  and  30(3)  if 

relevant. 

Scotland 

Documents  relevant  to  financial  situation  –  income/outgoings/assets;  Statement  as  to 

whereabouts  of  defendant;  Statement  as  to  identification  of  defendant;  Photograph  of 

defendant,  if  available;  Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if 

applicable;  Certificate  from  school/college  if  applicable;  Certified  copy  of  Marriage 

Certificate if applicable; Legal aid application; Document proving parentage if applicable. 

Northern Ireland 

Documents  relevant  to  financial  situation  –  income/outgoings/assets;  Statement  as  to 

whereabouts  of  defendant  –  residential  and  employment;  Statement  as  to  identification  of 

defendant;  Photograph  of  defendant,  if  available;  Certified  copy  of  Birth  or  Adoption 

Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified 

copy  of  Marriage  Certificate  if  applicable;  Certified  copy  of  Decree  Nisi  (interim  divorce 

certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document 

proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)a), 

b) and d) and (3) b) and 30(3) if relevant. 

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Application under Article 10(1) d) 

England and Wales 

Certified  copy  of  decision  relevant  to  Article  20  or  Article  22  b)  or  e)  together  with 

documents  relevant  to  the  making  of  that  decision;  Document  indicating  the  extent  that  the 

applicant  has  benefited  from  free  legal  aid;  Documents  relevant  to  financial  situation  – 

income/outgoings/assets;  Statement  as  to  whereabouts  –  residential  and  employment  of 

defendant; Statement as to identification of defendant; Photograph of defendant, if available; 

Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if  applicable;  Certificate  from 

school/college  if  applicable;  Certified  copy  of  Marriage  Certificate  if  applicable;  Certified 

copy  of  order  or  other  instrument  evidencing  the  dissolution  of  the  marriage  or  other 

relationship, if applicable. Copy of any relevant court orders; Document proving parentage if 

applicable; Any other specified documents under Articles 16(3), 25(1)a), b) and d) and (3) b) 

and 30(3) if relevant. 

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Scotland 

As at Article 10(1) c) above. 

Northern Ireland 

Certified  copy  of  decision  relevant  to  Article  20  or  22b)  or  e)  together  with  documents 

relevant to the making of that decision; Document indicating the extent that the applicant has 

benefited 

from 

free 

legal  aid;  Documents 

relevant 

to 

financial 

situation  – 

income/outgoings/assets;  Statement  as  to  whereabouts  –  residential  and  employment  of 

defendant; Statement as to identification of defendant; Photograph of defendant, if available; 

Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if  applicable;  Certificate  from 

school/college  if  applicable;  Certified  copy  of  Marriage  Certificate  if  applicable;  Certified 

copy  of  Decree  Nisi  (interim  divorce  certificate)  if  applicable;  Copy  of  any  relevant  court 

orders;  Document  proving  parentage  if  applicable;  Any  other  specified  documents  under 

Articles 16(3), 25(1)a), b) and d) and (3) b) and 30(3) if relevant. 

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Application under Article 10(1) e) 

England and Wales 

Copy  of  decision 

to  be  modified;  Documents  relevant 

to  financial  situation  of 

applicant/defendant – income/outgoings/assets; Legal aid application; Certified copy of Birth 

or  Adoption  Certificate  of  child(ren)  if  applicable;  Certificate  from  school/college  if 

applicable;  Documents  relevant  to  change  in  child(ren)'s  situation;  Documents  relevant  to 

marital  status  of  applicant/defendant,  if  applicable;  Copy  of  any  relevant  court  orders;  Any 

other  specified  documents  under  Articles  16(3),  25(1)a),  b)  and  d)  and  (3)  b)  and  30(3)  if 

relevant.  Written  statement  that  both  parties  appeared  in  the  proceedings  and  if  only  the 

applicant appeared the original or certified copy of the document establishing proof of service 

of the notice of the proceedings on the other party. 

Scotland 

Copy of decision to be modified; Documents relevant to financial situation of 

applicant/defendant – income/outgoings/assets; Legal aid application; Certificate from 

school/college if applicable; Documents relevant to change in child(ren)'s situation. 

EN 

16 

   EN 

 
Northern Ireland 

Copy of decision to be modified; Documents relevant to financial situation of 

applicant/defendant – income/outgoings/assets; Legal aid application; Certified copy of Birth 

or Adoption Certificate of child(ren) if applicable; Certificate from school/college if 

applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to 

marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any 

other specified documents under Articles 16(3), 25(1)a), b) and d) and (3) b) and 30(3) if 

relevant. 

Application under Article 10(1) f) 

England and Wales 

Original  and/or  certified  copy  of  decision  to  be  modified;  Document  stating  that  the  debtor 

appeared at the original hearing and if not, document attesting that debtor had been notified of 

those proceedings or that he was notified of the original decision and was given opportunity to 

appeal;  Document  indicating  the  extent  that  the  applicant  has  benefited  from  free  legal  aid; 

Documents  relevant  to  financial  situation  of  applicant/defendant  –  income/outgoings/assets; 

Certificate  of  enforceability;  Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if 

applicable;  Certificate  from  school/college  if  applicable;  Documents  relevant  to  change  in 

child(ren)'s  situation;  Certified  copy  of  Marriage  Certificate  if  applicable;  Certified  copy  of 

order or other instrument evidencing the dissolution of the marriage or other relationship, if 

applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of 

any  relevant  court  orders;  Statement  as  to  whereabouts  of  debtor  –  residential  and 

employment; Statement as to identification of debtor; Photograph of debtor, if available; Any 

other  specified  documents  under  Articles  16(3),  25(1)a),  b)  and  d)  and  (3)  b)  and  30(3)  if 

relevant.  Written  statement  that  both  parties  appeared  in  the  proceedings  and  if  only  the 

applicant appeared the original or certified copy of the document establishing proof of service 

of the notice of the proceedings on the other party. 

EN 

17 

   EN 

 
Scotland 

Original and/or certified copy of decision to be modified; Document attesting that debtor had 

been  notified  of  those  proceedings  or  that  he  was  notified  of  the  original  decision  and  was 

given opportunity to appeal; Document indicating the extent that the applicant has benefited 

from  free  legal  aid;  Documents  relevant  to  financial  situation  of  applicant/defendant  – 

income/outgoings/assets;  Certificate  of  enforceability;  Certificate  from  school/college  if 

applicable;  Documents  relevant  to  change  in  child(ren)'s  situation;  Documents  relevant  to 

marital  status  of  applicant/defendant,  if  applicable;  Statement  as  to  whereabouts  of  debtor; 

Statement as to identification of debtor; Photograph of debtor, if available. 

Northern Ireland 

Original  and/or  certified  copy  of  decision  to  be  modified;  Document  stating  that  the  debtor 

appeared at the original hearing and if not, document attesting that debtor had been notified of 

those proceedings or that he was notified of the original decision and was given opportunity to 

appeal;  Document  indicating  the  extent  that  the  applicant  has  benefited  from  free  legal  aid; 

Documents  relevant  to  financial  situation  of  applicant/defendant  –  income/outgoings/assets; 

Certificate  of  enforceability;  Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if 

applicable;  Certificate  from  school/college  if  applicable;  Documents  relevant  to  change  in 

child(ren)'s  situation;  Certified  copy  of  Marriage  Certificate  if  applicable;  Certified  copy  of 

Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of 

applicant/defendant,  if  applicable;  Copy  of  any  relevant  court  orders;  Statement  as  to 

whereabouts of debtor – residential and employment; Statement as to identification of debtor; 

Photograph  of  debtor,  if  available;  Any  other  specified  documents  under  Articles  16(3), 

25(1)a), b) and d) and (3) b) and 30(3) if relevant. 

EN 

18 

   EN 

 
Application under Article 10(2) b) 

England and Wales 

Copy  of  decision 

to  be  modified;  Documents  relevant 

to  financial  situation  of 

applicant/defendant  –  income/outgoings/assets;  Legal  aid  application;  Certificate  from 

school/college  if  applicable;  Documents  relevant  to  change  in  child(ren)'s  situation; 

Documents  relevant  to  marital  status  of  applicant/defendant,  if  applicable;  Copy  of  any 

relevant court orders; Any other specified documents under Articles 16(3), 25(1)a), b) and d) 

and (3) b) and 30(3) if relevant. 

Scotland 

Copy  of  decision 

to  be  modified;  Documents  relevant 

to  financial  situation  of 

applicant/defendant  –  income/outgoings/assets;  Legal  aid  application;  Certificate  from 

school/college if applicable; Documents relevant to change in child(ren)'s situation. 

Northern Ireland 

Copy  of  decision 

to  be  modified;  Documents  relevant 

to  financial  situation  of 

applicant/defendant  –  income/outgoings/assets;  Legal  aid  application;  Certificate  from 

school/college  if  applicable;  Documents  relevant  to  change  in  child(ren)'s  situation; 

Documents  relevant  to  marital  status  of  applicant/defendant,  if  applicable;  Copy  of  any 

relevant court orders; Any other specified documents under Articles 16(3), 25(1)a), b) and d) 

and (3) b) and 30(3) if relevant. 

EN 

19 

   EN 

 
Application under Article 10(2) c) 

England and Wales 

Original  and/or  certified  copy  of  decision  to  be  modified;  Certificate  of  enforceability; 

Document  indicating  the  extent  that  the  applicant  has  benefited  from  free  legal  aid; 

Documents  relevant  to  financial  situation  of  applicant/defendant  –  income/outgoings/assets; 

Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if  applicable;  Certificate  from 

school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified 

copy  of  Marriage  Certificate  if  applicable;  Certified  copy  order  or  other  instrument 

evidencing  the  dissolution  of  the  marriage  or  other  relationship  if  applicable;  Documents 

relevant  to  marital  status  of  applicant/defendant,  if  applicable;  Copy  of  any  relevant  court 

orders; Statement as to whereabouts of creditor – residential and employment; Statement as to 

identification of creditor; Photograph of creditor, if available; Any other specified documents 

under Articles 16(3), 25(1)a), b) and d) and (3) b) and 30(3) if relevant. 

Scotland 

Original and/or certified copy of decision to be modified; Document indicating the extent that 

the  applicant  has  benefited  from  free  legal  aid;  Documents  relevant  to  financial  situation  of 

applicant/defendant – income/outgoings/assets; Certificate from school/college if applicable; 

Documents relevant to change in applicant's financial situation; Statement as to whereabouts 

of creditor; Statement as to identification of creditor; Photograph of creditor, if available. 

EN 

20 

   EN 

 
 
Northern Ireland 

Original  and/or  certified  copy  of  decision  to  be  modified;  Certificate  of  enforceability; 

Document  indicating  the  extent  that  the  applicant  has  benefited  from  free  legal  aid; 

Documents  relevant  to  financial  situation  of  applicant/defendant  –  income/outgoings/assets; 

Certified  copy  of  Birth  or  Adoption  Certificate  of  child(ren)  if  applicable;  Certificate  from 

school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified 

copy  of  Marriage  Certificate  if  applicable;  Certified  copy  of  Decree  Nisi  (interim  divorce 

certificate)  if  applicable;  Documents  relevant  to  marital  status  of  applicant/defendant,  if 

applicable;  Copy  of  any  relevant  court  orders;  Statement  as  to  whereabouts  of  creditor  – 

residential and employment; Statement as to identification of creditor; Photograph of creditor, 

if available; Any other specified documents under Articles 16(3), 25(1)a), b) and d) and (3) b) 

and 30(3) if relevant. 

General 

For applications under Article 10, including Articles 10(1) a) and 10(2) a), the England and 

Wales  Central  Authority  would  be  grateful  to  receive  three  copies  of  each  document, 

accompanied by translations into English (if necessary). 

For  applications  under  Article  10,  including  Articles  10(1)  a)  and  10(2)  a),  the  Northern 

Ireland  Central  Authority  would  be  grateful  to  receive  three  copies  of  each  document, 

accompanied by translations into English. 

EN 

21 

   EN 

 
2. 

Declaration referred to in Article 44(1) of the Convention 

The  European  Union  declares  that  the  Member  States  listed  below  accept  applications  and 

related  documents  translated  into,  in  addition  to  their  official  language,  the  languages 

specified for each of the listed Member States: 

The Czech Republic: Slovak 

The Republic of Estonia: English 

The Republic of Lithuania: English 

The Republic of Cyprus: English 

The Slovak Republic: Czech 

3. 

Declaration referred to in Article 44(2) of the Convention 

The European Union declares that in the Kingdom of Belgium documents shall be drawn up 

in or translated into French, Dutch or German depending on the part of the Belgian territory in 

which the documents are to be submitted. 

Information on which language is to be used in any given part of the Belgian territory can be 

found  in  the  Manual  of  receiving  agencies  under  Regulation  (EC)  No  1393/2007  of  the 

European Parliament and of the Council of 13 November 2007 on the service in the Member 

States  of  judicial  and  extrajudicial  documents  in  civil  or  commercial  matters  (service  of 

documents). 

This  Manual 

can 

be 

accessed 

on 

the 

website 

of 

http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm  

Click on: 

"Serving 

documents 

(Regulation 

1393/2007)"/"Documents"/"Manual"/"Belgium"/"Geographical areas of competence" (pp. 42 

et seq.). 

or go directly to the following address: 

http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_sd_bel.pdf 

and click on "Geographical areas of competence" (pp. 42 et seq.). 

______________________ 

EN 

22 

   EN