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The Law On Jurisdiction And The Recognition And Enforcement Of Judgments In Matrimonial Matters And The Matters Of The Council On The Application Of The Regulation

Original Language Title: Laki tuomioistuimen toimivallasta sekä tuomioiden tunnustamisesta ja täytäntöönpanosta avioliittoa ja vanhempainvastuuta koskevissa asioissa annetun neuvoston asetuksen soveltamisesta

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Act on the application of the Council Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope

This Act lays down additional provisions on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and repealing Regulation (EC) No 1347/2000 (EC) No 2201/2003 ( Regulation , application in Finland.

ARTICLE 2
The competent court

The Court of Justice referred to in Article 21 (3) and Article 29 (1) shall be the district court in Finland.

Where, pursuant to Article 21 (3) of the Regulation, it is required to establish that a judgment given in another Member State of the European Union is to be recognised or not recognised in Finland, the matter shall be examined Article 11 of Chapter 10 of the Court of Justice Or, where only the recognition or non-recognition of a decision on parental responsibility is required, in the court referred to in Article 13 of that Chapter. (13,15,2009/157)

The court or tribunal referred to in Article 29 (2) of the Regulation shall also be competent in the event of a declaration of enforceability to consider the requirement referred to in paragraph 2.

ARTICLE 3
Sending the judgment for enforcement

Where, pursuant to the provisions of Section 2 of Chapter III of the Regulation, the Court of Justice has been declared enforceable in another Member State, it shall, at the request of the applicant, send a judgment and enforcement order , where the judgment may be enforced in accordance with Article 47 (2) of the Regulation. However, where less than three months have elapsed since the adoption of a child custody judgment, the judgment and the application shall be sent to the competent enforcement officer. At the same time, the court or tribunal shall call on the District Court or the Court of Justice to ensure that enforcement is urgently required.

§ 4
Translations

In accordance with Article 45 (2) of the Regulation, a party applying for the enforcement of a judgment pursuant to Article 41 or Article 42 of the Regulation shall, in accordance with Article 45 (2) of the Regulation, A translation of the certificate referred to in Article 41 (1) of the Regulation or of the certificate referred to in Article 42 (1), referred to in Article 41 (1) of the Regulation, in Finnish, Swedish or English.

§ 5
Central Authority

The central authority referred to in Article 53 is the Ministry of Justice in Finland.

At the request of the Ministry of Justice, the State and municipal authorities and the police authorities must provide assistance to the Ministry of Justice in order to ascertain the circumstances of the child and the circumstances of the child, and the judgment on parental responsibility in another Member State. In order to ensure implementation and the return of the child, as well as to the Central Authority in order to carry out the duties provided for in Article 55.

ARTICLE 6
Investing in the child

Where the Ministry of Justice receives a request pursuant to Article 56 (1) and (2) of the Regulation concerning the placement of a child in a care facility or a foster family in Finland, the Ministry of Justice shall transfer the request to the Ministry of Justice (710/1982) § 6 Or, where the place of investment is not specified in the request, by the municipality designated by the municipality in whose territory the placement of the child is planned, in the municipality of (683/1983) Decide on the organisation of the placement of the child.

Where the Ministry of Justice is notified of the placement of a child in the foster family in accordance with Article 56 (4) of the Regulation, the Ministry of Justice shall transfer the notification to the institution referred to in paragraph 1 in the municipality of whose territory The child has been decided to invest.

Child protection L 683/1983 Has been repealed by L 417/2007 , see Child protection L 417/2007 ARTICLE 16 .

§ 7
Correction of a defect in the certificate

The court and other authority shall, in accordance with the provisions of the Regulation, correct the clerical or clerical error in the certificate issued pursuant to this Regulation, or any other manifest error, in accordance with, where appropriate, the correction of the error in the judgment or in the decision Of the Directive.

§ 8
Entry into force

This Act shall enter into force on 1 March 2005.

THEY 186/2004 , LaVM 10/2004, EV 187/2004 Council Regulation (EC) No 2201/2003 (32003R2201); OJ L 338, 23.12.2003, p. 1

Entry into force and application of amending acts:

13 MARCH 2009:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009