CELEX: 52013PC0035
Language: en
Date: 2013-01-29
Title: 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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		52013PC0035
		
			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 /* COM/2013/035 final - 2013/0019 (NLE) */
			
				
		
		
			
			   	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.
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 Parliament[1],

Whereas:
(1)              
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.
(2)              
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: 
Article 1
Annexes II to III to Council Decision
2011/432/EU are replaced by the corresponding Annexes to this Decision.
Article 2]
This Decision shall enter into force on the
day of its adoption.
Article 3
This Decision is addressed to the Member
States.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX
II 
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
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.
___________________
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
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.          Application under Article
10(1)(b)
1.         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.
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.        Applications under Article 10(1)(c) and (d)
1.         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.
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.         An application for modification of a decision awarding
maintenance must include:
a.         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.         An application for modification of a decision awarding
maintenance must include:
a.         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 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
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).
_______________
The Slovak Republic:
–          Information about the nationality of all the parties
involved.
The United Kingdom of Great Britain and Northern Ireland:
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.).
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