What changed, Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the r…

+ ## CHAPTER I / SCOPE AND DEFINITIONS
+ 
+ ### Article 1 — Scope
+ 
+ 1. This Regulation shall apply, whatever the nature of the court or tribunal, in civil matters relating to:
+ 
+ (a) divorce, legal separation or marriage annulment;
+ 
+ (b) the attribution, exercise, delegation, restriction or termination of parental responsibility.
+ 
+ 2. The matters referred to in paragraph 1(b) may, in particular, deal with:
+ 
+ (a) rights of custody and rights of access;
+ 
+ (b) guardianship, curatorship and similar institutions;
+ 
+ (c) the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child;
+ 
+ (d) the placement of the child in a foster family or in institutional care;
+ 
+ (e) measures for the protection of the child relating to the administration, conservation or disposal of the child's property.
+ 
+ 3. This Regulation shall not apply to:
+ 
+ (a) the establishment or contesting of a parent-child relationship;
+ 
+ (b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;
+ 
+ (c) the name and forenames of the child;
+ 
+ (d) emancipation;
+ 
+ (e) maintenance obligations;
+ 
+ (f) trusts or succession;
+ 
+ (g) measures taken as a result of criminal offences committed by children.
+ 
+ ### Article 2 — Definitions
+ 
+ For the purposes of this Regulation:
+ 
+ 1. the term ‘court’ shall cover all the authorities in the Member States with jurisdiction in the matters falling within the scope of this Regulation pursuant to Article 1;
+ 
+ 2. the term ‘judge’ shall mean the judge or an official having powers equivalent to those of a judge in the matters falling within the scope of the Regulation;
+ 
+ 3. the term ‘Member State’ shall mean all Member States with the exception of Denmark;
+ 
+ 4. the term ‘judgment’ shall mean a divorce, legal separation or marriage annulment, as well as a judgment relating to parental responsibility, pronounced by a court of a Member State, whatever the judgment may be called, including a decree, order or decision;
+ 
+ 5. the term ‘Member State of origin’ shall mean the Member State where the judgment to be enforced was issued;
+ 
+ 6. the term ‘Member State of enforcement’ shall mean the Member State where enforcement of the judgment is sought;
+ 
+ 7. the term ‘parental responsibility’ shall mean all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effect. The term shall include rights of custody and rights of access…
+ 
+ 8. the term ‘holder of parental responsibility’ shall mean any person having parental responsibility over a child;
+ 
+ 9. the term ‘rights of custody’ shall include rights and duties relating to the care of the person of a child, and in particular the right to determine the child's place of residence;
+ 
+ 10. the term ‘rights of access’ shall include in particular the right to take a child to a place other than his or her habitual residence for a limited period of time;
+ 
+ 11. the term ‘wrongful removal or retention’ shall mean a child's removal or retention where:
+ 
+ (a) it is in breach of rights of custody acquired by judgment or by operation of law or by an agreement having legal effect under the law of the Member State where the child was habitually resident immediately before the removal or retention;
+ 
+ and
+ 
+ (b) provided that, at the time of removal or retention, the rights of custody were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. Custody shall be considered to be exercised jointly when, pursuant to a judgment or by operation of law, o…
+ 
+ ## SECTION 1 / Divorce, legal separation and marriage annulment
+ 
+ ### Article 3 — General jurisdiction
+ 
+ 1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State
+ 
+ (a) in whose territory:
+ 
+ — the spouses are habitually resident, or
+ 
+ — the spouses were last habitually resident, insofar as one of them still resides there, or
+ 
+ — the respondent is habitually resident, or
+ 
+ — in the event of a joint application, either of the spouses is habitually resident, or
+ 
+ — the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
+ 
+ — the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her ‘domicile’ there;
+ 
+ (b) of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the ‘domicile’ of both spouses.
+ 
+ 2. For the purpose of this Regulation, ‘domicile’ shall have the same meaning as it has under the legal systems of the United Kingdom and Ireland.
+ 
+ ### Article 4 — Counterclaim
+ 
+ The court in which proceedings are pending on the basis of Article 3 shall also have jurisdiction to examine a counterclaim, insofar as the latter comes within the scope of this Regulation.
+ 
+ ### Article 5 — Conversion of legal separation into divorce
+ 
+ Without prejudice to Article 3, a court of a Member State that has given a judgment on a legal separation shall also have jurisdiction for converting that judgment into a divorce, if the law of that Member State so provides.
+ 
+ ### Article 6 — Exclusive nature of jurisdiction under Articles 3, 4 and 5
+ 
+ A spouse who:
+ 
+ (a) is habitually resident in the territory of a Member State; or
+ 
+ (b) is a national of a Member State, or, in the case of the United Kingdom and Ireland, has his or her ‘domicile’ in the territory of one of the latter Member States,
+ 
+ may be sued in another Member State only in accordance with Articles 3, 4 and 5.
+ 
+ ### Article 7 — Residual jurisdiction
+ 
+ 1. Where no court of a Member State has jurisdiction pursuant to Articles 3, 4 and 5, jurisdiction shall be determined, in each Member State, by the laws of that State.
+ 
+ 2. As against a respondent who is not habitually resident and is not either a national of a Member State or, in the case of the United Kingdom and Ireland, does not have his ‘domicile’ within the territory of one of the latter Member States, any national of a Member State who is habitually resident …
+ 
+ ## SECTION 2 / Parental responsibility
+ 
+ ### Article 8 — General jurisdiction
+ 
+ 1. The courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised.
+ 
+ 2. Paragraph 1 shall be subject to the provisions of Articles 9, 10 and 12.
+ 
+ ### Article 9 — Continuing jurisdiction of the child's former habitual residence
+ 
+ 1. Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the courts of the Member State of the child's former habitual residence shall, by way of exception to Article 8, retain jurisdiction during a three-month period following the move for the pu…
+ 
+ 2. Paragraph 1 shall not apply if the holder of access rights referred to in paragraph 1 has accepted the jurisdiction of the courts of the Member State of the child's new habitual residence by participating in proceedings before those courts without contesting their jurisdiction.
+ 
+ ### Article 10 — Jurisdiction in cases of child abduction
+ 
+ In case of wrongful removal or retention of the child, the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention shall retain their jurisdiction until the child has acquired a habitual residence in another Member State and:
+ 
+ (a) each person, institution or other body having rights of custody has acquiesced in the removal or retention;
+ 
+ or
+ 
+ (b) the child has resided in that other Member State for a period of at least one year after the person, institution or other body having rights of custody has had or should have had knowledge of the whereabouts of the child and the child is settled in his or her new environment and at least one of …
+ 
+ (i) within one year after the holder of rights of custody has had or should have had knowledge of the whereabouts of the child, no request for return has been lodged before the competent authorities of the Member State where the child has been removed or is being retained;
+ 
+ (ii) a request for return lodged by the holder of rights of custody has been withdrawn and no new request has been lodged within the time limit set in paragraph (i);
+ 
+ (iii) a case before the court in the Member State where the child was habitually resident immediately before the wrongful removal or retention has been closed pursuant to Article 11(7);
+ 
+ (iv) a judgment on custody that does not entail the return of the child has been issued by the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention.
+ 
+ ### Article 11 — Return of the child
+ 
+ 1. Where a person, institution or other body having rights of custody applies to the competent authorities in a Member State to deliver a judgment on the basis of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (hereinafter ‘the 1980 Hague Convention’), …
+ 
+ 2. When applying Articles 12 and 13 of the 1980 Hague Convention, it shall be ensured that the child is given the opportunity to be heard during the proceedings unless this appears inappropriate having regard to his or her age or degree of maturity.
+ 
+ 3. A court to which an application for return of a child is made as mentioned in paragraph 1 shall act expeditiously in proceedings on the application, using the most expeditious procedures available in national law.
+ 
+ Without prejudice to the first subparagraph, the court shall, except where exceptional circumstances make this impossible, issue its judgment no later than six weeks after the application is lodged.
+ 
+ 4. A court cannot refuse to return a child on the basis of Article 13b of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return.
+ 
+ 5. A court cannot refuse to return a child unless the person who requested the return of the child has been given an opportunity to be heard.
+ 
+ 6. If a court has issued an order on non-return pursuant to Article 13 of the 1980 Hague Convention, the court must immediately either directly or through its central authority, transmit a copy of the court order on non-return and of the relevant documents, in particular a transcript of the hearings…
+ 
+ 7. Unless the courts in the Member State where the child was habitually resident immediately before the wrongful removal or retention have already been seised by one of the parties, the court or central authority that receives the information mentioned in paragraph 6 must notify it to the parties an…
+ 
+ Without prejudice to the rules on jurisdiction contained in this Regulation, the court shall close the case if no submissions have been received by the court within the time limit.
+ 
+ 8. Notwithstanding a judgment of non-return pursuant to Article 13 of the 1980 Hague Convention, any subsequent judgment which requires the return of the child issued by a court having jurisdiction under this Regulation shall be enforceable in accordance with Section 4 of Chapter III below in order …
+ 
+ ### Article 12 — Prorogation of jurisdiction
+ 
+ 1. The courts of a Member State exercising jurisdiction by virtue of Article 3 on an application for divorce, legal separation or marriage annulment shall have jurisdiction in any matter relating to parental responsibility connected with that application where:
+ 
+ (a) at least one of the spouses has parental responsibility in relation to the child;
+ 
+ and
+ 
+ (b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by the spouses and by the holders of parental responsibility, at the time the court is seised, and is in the superior interests of the child.
+ 
+ 2. The jurisdiction conferred in paragraph 1 shall cease as soon as:
+ 
+ (a) the judgment allowing or refusing the application for divorce, legal separation or marriage annulment has become final;
+ 
+ (b) in those cases where proceedings in relation to parental responsibility are still pending on the date referred to in (a), a judgment in these proceedings has become final;
+ 
+ (c) the proceedings referred to in (a) and (b) have come to an end for another reason.
+ 
+ 3. The courts of a Member State shall also have jurisdiction in relation to parental responsibility in proceedings other than those referred to in paragraph 1 where:
+ 
+ (a) the child has a substantial connection with that Member State, in particular by virtue of the fact that one of the holders of parental responsibility is habitually resident in that Member State or that the child is a national of that Member State;
+ 
+ and
+ 
+ (b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings at the time the court is seised and is in the best interests of the child.
+ 
+ 4. Where the child has his or her habitual residence in the territory of a third State which is not a contracting party to the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the prot…
+ 
+ ### Article 13 — Jurisdiction based on the child's presence
+ 
+ 1. Where a child's habitual residence cannot be established and jurisdiction cannot be determined on the basis of Article 12, the courts of the Member State where the child is present shall have jurisdiction.
+ 
+ 2. Paragraph 1 shall also apply to refugee children or children internationally displaced because of disturbances occurring in their country.
+ 
+ ### Article 14 — Residual jurisdiction
+ 
+ Where no court of a Member State has jurisdiction pursuant to Articles 8 to 13, jurisdiction shall be determined, in each Member State, by the laws of that State.
+ 
+ ### Article 15 — Transfer to a court better placed to hear the case
+ 
+ 1. By way of exception, the courts of a Member State having jurisdiction as to the substance of the matter may, if they consider that a court of another Member State, with which the child has a particular connection, would be better placed to hear the case, or a specific part thereof, and where this…
+ 
+ (a) stay the case or the part thereof in question and invite the parties to introduce a request before the court of that other Member State in accordance with paragraph 4; or
+ 
+ (b) request a court of another Member State to assume jurisdiction in accordance with paragraph 5.
+ 
+ 2. Paragraph 1 shall apply:
+ 
+ (a) upon application from a party; or
+ 
+ (b) of the court's own motion; or
+ 
+ (c) upon application from a court of another Member State with which the child has a particular connection, in accordance with paragraph 3.
+ 
+ A transfer made of the court's own motion or by application of a court of another Member State must be accepted by at least one of the parties.
+ 
+ 3. The child shall be considered to have a particular connection to a Member State as mentioned in paragraph 1, if that Member State:
+ 
+ (a) has become the habitual residence of the child after the court referred to in paragraph 1 was seised; or
+ 
+ (b) is the former habitual residence of the child; or
+ 
+ (c) is the place of the child's nationality; or
+ 
+ (d) is the habitual residence of a holder of parental responsibility; or
+ 
+ (e) is the place where property of the child is located and the case concerns measures for the protection of the child relating to the administration, conservation or disposal of this property.
+ 
+ 4. The court of the Member State having jurisdiction as to the substance of the matter shall set a time limit by which the courts of that other Member State shall be seised in accordance with paragraph 1.
+ 
+ If the courts are not seised by that time, the court which has been seised shall continue to exercise jurisdiction in accordance with Articles 8 to 14.
+ 
+ 5. The courts of that other Member State may, where due to the specific circumstances of the case, this is in the best interests of the child, accept jurisdiction within six weeks of their seisure in accordance with paragraph 1(a) or 1(b). In this case, the court first seised shall decline jurisdict…
+ 
+ 6. The courts shall cooperate for the purposes of this Article, either directly or through the central authorities designated pursuant to Article 53.
+ 
+ ## SECTION 3 / Common provisions
+ 
+ ### Article 16 — Seising of a Court
+ 
+ 1. A court shall be deemed to be seised:
+ 
+ (a) at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps he was required to take to have service effected on the respondent;
+ 
+ or
+ 
+ (b) if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.
+ 
+ ### Article 17 — Examination as to jurisdiction
+ 
+ Where a court of a Member State is seised of a case over which it has no jurisdiction under this Regulation and over which a court of another Member State has jurisdiction by virtue of this Regulation, it shall declare of its own motion that it has no jurisdiction.
+ 
+ ### Article 18 — Examination as to admissibility
+ 
+ 1. Where a respondent habitually resident in a State other than the Member State where the action was brought does not enter an appearance, the court with jurisdiction shall stay the proceedings so long as it is not shown that the respondent has been able to receive the document instituting the proc…
+ 
+ 2. Article 19 of Regulation (EC) No 1348/2000 shall apply instead of the provisions of paragraph 1 of this Article if the document instituting the proceedings or an equivalent document had to be transmitted from one Member State to another pursuant to that Regulation.
+ 
+ 3. Where the provisions of Regulation (EC) No 1348/2000 are not applicable, Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters shall apply if the document instituting the proceedings or an equivalent doc…
+ 
+ ### Article 19 — Lis pendens and dependent actions
+ 
+ 1. Where proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is establ…
+ 
+ 2. Where proceedings relating to parental responsibility relating to the same child and involving the same cause of action are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first…
+ 
+ 3. Where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of that court.
+ 
+ In that case, the party who brought the relevant action before the court second seised may bring that action before the court first seised.
+ 
+ ### Article 20 — Provisional, including protective, measures
+ 
+ 1. In urgent cases, the provisions of this Regulation shall not prevent the courts of a Member State from taking such provisional, including protective, measures in respect of persons or assets in that State as may be available under the law of that Member State, even if, under this Regulation, the …
+ 
+ 2. The measures referred to in paragraph 1 shall cease to apply when the court of the Member State having jurisdiction under this Regulation as to the substance of the matter has taken the measures it considers appropriate.
+ 
+ ## SECTION 1 / Recognition
+ 
+ ### Article 21 — Recognition of a judgment
+ 
+ 1. A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
+ 
+ 2. In particular, and without prejudice to paragraph 3, no special procedure shall be required for updating the civil-status records of a Member State on the basis of a judgment relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further ap…
+ 
+ 3. Without prejudice to Section 4 of this Chapter, any interested party may, in accordance with the procedures provided for in Section 2 of this Chapter, apply for a decision that the judgment be or not be recognised.
+ 
+ The local jurisdiction of the court appearing in the list notified by each Member State to the Commission pursuant to Article 68 shall be determined by the internal law of the Member State in which proceedings for recognition or non-recognition are brought.
+ 
+ 4. Where the recognition of a judgment is raised as an incidental question in a court of a Member State, that court may determine that issue.
+ 
+ ### Article 22 — Grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment
+ 
+ A judgment relating to a divorce, legal separation or marriage annulment shall not be recognised:
+ 
+ (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought;
+ 
+ (b) where it was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the resp…
+ 
+ (c) if it is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is sought; or
+ 
+ (d) if it is irreconcilable with an earlier judgment given in another Member State or in a non-Member State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.
+ 
+ ### Article 23 — Grounds of non-recognition for judgments relating to parental responsibility
+ 
+ A judgment relating to parental responsibility shall not be recognised:
+ 
+ (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought taking into account the best interests of the child;
+ 
+ (b) if it was given, except in case of urgency, without the child having been given an opportunity to be heard, in violation of fundamental principles of procedure of the Member State in which recognition is sought;
+ 
+ (c) where it was given in default of appearance if the person in default was not 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 person to arrange for his or her defence unless it is determined that such …
+ 
+ (d) on the request of any person claiming that the judgment infringes his or her parental responsibility, if it was given without such person having been given an opportunity to be heard;
+ 
+ (e) if it is irreconcilable with a later judgment relating to parental responsibility given in the Member State in which recognition is sought;
+ 
+ (f) if it is irreconcilable with a later judgment relating to parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later judgment fulfils the conditions necessary for its recognition in the Member State in which rec…
+ 
+ or
+ 
+ (g) if the procedure laid down in Article 56 has not been complied with.
+ 
+ ### Article 24 — Prohibition of review of jurisdiction of the court of origin
+ 
+ The jurisdiction of the court of the Member State of origin may not be reviewed. The test of public policy referred to in Articles 22(a) and 23(a) may not be applied to the rules relating to jurisdiction set out in Articles 3 to 14.
+ 
+ ### Article 25 — Differences in applicable law
+ 
+ The recognition of a judgment may not be refused because the law of the Member State in which such recognition is sought would not allow divorce, legal separation or marriage annulment on the same facts.
+ 
+ ### Article 26 — Non-review as to substance
+ 
+ Under no circumstances may a judgment be reviewed as to its substance.
+ 
+ ### Article 27 — Stay of proceedings
+ 
+ 1. A court of a Member State in which recognition is sought of a judgment given in another Member State may stay the proceedings if an ordinary appeal against the judgment has been lodged.
+ 
+ 2. A court of a Member State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the Member State of origin by reason of an appeal.
+ 
+ ## SECTION 2 / Application for a declaration of enforceability
+ 
+ ### Article 28 — Enforceable judgments
+ 
+ 1. A judgment on the exercise of parental responsibility in respect of a child given in a Member State which is enforceable in that Member State and has been served shall be enforced in another Member State when, on the application of any interested party, it has been declared enforceable there.
+ 
+ 2. However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland or in Northern Ireland only when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.
+ 
+ ### Article 29 — Jurisdiction of local courts
+ 
+ 1. An application for a declaration of enforceability shall be submitted to the court appearing in the list notified by each Member State to the Commission pursuant to Article 68.
+ 
+ 2. The local jurisdiction shall be determined by reference to the place of habitual residence of the person against whom enforcement is sought or by reference to the habitual residence of any child to whom the application relates.
+ 
+ Where neither of the places referred to in the first subparagraph can be found in the Member State of enforcement, the local jurisdiction shall be determined by reference to the place of enforcement.
+ 
+ ### Article 30 — Procedure
+ 
+ 1. The procedure for making the application shall be governed by the law of the Member State of enforcement.
+ 
+ 2. The applicant must give an address for service within the area of jurisdiction of the court applied to. However, if the law of the Member State of enforcement does not provide for the furnishing of such an address, the applicant shall appoint a representative *ad litem*.
+ 
+ 3. The documents referred to in Articles 37 and 39 shall be attached to the application.
+ 
+ ### Article 31 — Decision of the court
+ 
+ 1. The court applied to shall give its decision without delay. Neither the person against whom enforcement is sought, nor the child shall, at this stage of the proceedings, be entitled to make any submissions on the application.
+ 
+ 2. The application may be refused only for one of the reasons specified in Articles 22, 23 and 24.
+ 
+ 3. Under no circumstances may a judgment be reviewed as to its substance.
+ 
+ ### Article 32 — Notice of the decision
+ 
+ The appropriate officer of the court shall without delay bring to the notice of the applicant the decision given on the application in accordance with the procedure laid down by the law of the Member State of enforcement.
+ 
+ ### Article 33 — Appeal against the decision
+ 
+ 1. The decision on the application for a declaration of enforceability may be appealed against by either party.
+ 
+ 2. The appeal shall be lodged with the court appearing in the list notified by each Member State to the Commission pursuant to Article 68.
+ 
+ 3. The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.
+ 
+ 4. If the appeal is brought by the applicant for a declaration of enforceability, the party against whom enforcement is sought shall be summoned to appear before the appellate court. If such person fails to appear, the provisions of Article 18 shall apply.
+ 
+ 5. An appeal against a declaration of enforceability must be lodged within one month of service thereof. If the party against whom enforcement is sought is habitually resident in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be two …
+ 
+ ### Article 34 — Courts of appeal and means of contest
+ 
+ The judgment given on appeal may be contested only by the proceedings referred to in the list notified by each Member State to the Commission pursuant to Article 68.
+ 
+ ### Article 35 — Stay of proceedings
+ 
+ 1. The court with which the appeal is lodged under Articles 33 or 34 may, on the application of the party against whom enforcement is sought, stay the proceedings if an ordinary appeal has been lodged in the Member State of origin, or if the time for such appeal has not yet expired. In the latter ca…
+ 
+ 2. Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of paragraph 1.
+ 
+ ### Article 36 — Partial enforcement
+ 
+ 1. Where a judgment has been given in respect of several matters and enforcement cannot be authorised for all of them, the court shall authorise enforcement for one or more of them.
+ 
+ 2. An applicant may request partial enforcement of a judgment.
+ 
+ ## SECTION 3 / Provisions common to Sections 1 and 2
+ 
+ ### Article 37 — Documents
+ 
+ 1. A party seeking or contesting recognition or applying for a declaration of enforceability shall produce:
+ 
+ (a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
+ 
+ and
+ 
+ (b) the certificate referred to in Article 39.
+ 
+ 2. In addition, in the case of a judgment given in default, the party seeking recognition or applying for a declaration of enforceability shall produce:
+ 
+ (a) the original or certified true copy of the document which establishes that the defaulting party was served with the document instituting the proceedings or with an equivalent document;
+ 
+ or
+ 
+ (b) any document indicating that the defendant has accepted the judgment unequivocally.
+ 
+ ### Article 38 — Absence of documents
+ 
+ 1. If the documents specified in Article 37(1)(b) or (2) are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.
+ 
+ 2. If the court so requires, a translation of such documents shall be furnished. The translation shall be certified by a person qualified to do so in one of the Member States.
+ 
+ ### Article 39 — Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility
+ 
+ The competent court or authority of a Member State of origin shall, at the request of any interested party, issue a certificate using the standard form set out in Annex I (judgments in matrimonial matters) or in Annex II (judgments on parental responsibility).
+ 
+ ## SECTION 4 / Enforceability of certain judgments concerning rights of access and of certain judgments which require the return of the child
+ 
+ ### Article 40 — Scope
+ 
+ 1. This Section shall apply to:
+ 
+ (a) rights of access;
+ 
+ and
+ 
+ (b) the return of a child entailed by a judgment given pursuant to Article 11(8).
+ 
+ 2. The provisions of this Section shall not prevent a holder of parental responsibility from seeking recognition and enforcement of a judgment in accordance with the provisions in Sections 1 and 2 of this Chapter.
+ 
+ ### Article 41 — Rights of access
+ 
+ 1. The rights of access referred to in Article 40(1)(a) granted in an enforceable judgment given in a Member State shall be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgment …
+ 
+ Even if national law does not provide for enforceability by operation of law of a judgment granting access rights, the court of origin may declare that the judgment shall be enforceable, notwithstanding any appeal.
+ 
+ 2. The judge of origin shall issue the certificate referred to in paragraph 1 using the standard form in Annex III (certificate concerning rights of access) only if:
+ 
+ (a) where the judgment was given in default, the person defaulting 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 person to arrange for his or her defense, or, the person has been served with the doc…
+ 
+ (b) all parties concerned were given an opportunity to be heard;
+ 
+ and
+ 
+ (c) the child was given an opportunity to be heard, unless a hearing was considered inappropriate having regard to his or her age or degree of maturity.
+ 
+ The certificate shall be completed in the language of the judgment.
+ 
+ 3. Where the rights of access involve a cross-border situation at the time of the delivery of the judgment, the certificate shall be issued ex officio when the judgment becomes enforceable, even if only provisionally. If the situation subsequently acquires a cross-border character, the certificate s…
+ 
+ ### Article 42 — Return of the child
+ 
+ 1. The return of a child referred to in Article 40(1)(b) entailed by an enforceable judgment given in a Member State shall be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgmen…
+ 
+ Even if national law does not provide for enforceability by operation of law, notwithstanding any appeal, of a judgment requiring the return of the child ►C1 mentioned in Article 11(8)** ◄ **, the court of origin may declare the judgment enforceable.
+ 
+ 2. The judge of origin who delivered the judgment referred to in Article 40(1)(b) shall issue the certificate referred to in paragraph 1 only if:
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+ (a) the child was given an opportunity to be heard, unless a hearing was considered inappropriate having regard to his or her age or degree of maturity;
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+ (b) the parties were given an opportunity to be heard; and
+ 
+ (c) the court has taken into account in issuing its judgment the reasons for and evidence underlying the order issued pursuant to Article 13 of the 1980 Hague Convention.
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+ In the event that the court or any other authority takes measures to ensure the protection of the child after its return to the State of habitual residence, the certificate shall contain details of such measures.
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+ The judge of origin shall of his or her own motion issue that certificate using the standard form in Annex IV (certificate concerning return of the child(ren)).
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+ The certificate shall be completed in the language of the judgment.
+ 
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