Law on the implementation and implementation of certain legal instruments in the field of international family law

Original Language Title: Gesetz zur Aus- und Durchführung bestimmter Rechtsinstrumente auf dem Gebiet des internationalen Familienrechts

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Law on the implementation and implementation of certain legal instruments in the field of international family law (International Family Law procedural law-IntFamRVG)

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IntFamRVG

Date of completion: 26.01.2005

Full quote:

" International Family Law Procedure Act of 26 January 2005 (BGBl. 162), as last amended by Article 6 of the Law of 8 July 2014 (BGBl. I p. 890 () has been amended "

Status:

Last amended by Art. 6 G v. 8.7.2014 I 890 (

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.2005 + + +) 
(+ + + Official notes of the norm provider on EC law: 
 Implementation of the 
 EGV 2201/2003 (CELEX Nr: 32003R2201)

The G was promulgated as Article 1 of the G v. 26.1.2005 I 162 by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 3, sentence 2, of this G mWv 1.3.2005 in force. By way of derogation, Section 12 (3) and Section 47, para. 2, in force on 1.2.2005. Unofficial table of contents

Content Summary

Section 1
	Scope; definitions
§ 1				Scope
§ 2				Definitions
Section 2
	Central Authority; Jugendamt
§ 3				Determination of the Central Authority
§ 4				Translations for incoming requests
§ 5				Translations at outbound requests
§ 6				Task performance by the Central Authority
§ 7				Residence determination
§ 8				Referrals to the Oberlandesgericht
§ 9				Participation of the Youth Welfare Office
Section 3
	Jurisdiction and concentration of jurisdiction
§ 10				Local jurisdiction for recognition and enforcement
§ 11				Local jurisdiction in accordance with the Hague Convention on Child Abduction
§ 12				Concentration of competence
§ 13				Concentration of responsibility for other family matters
§ 13a				Procedures for cross-border delivery
Section 4
	General Court of Procedure
§ 14				Family-based procedure
§ 15				Interim orders
Section 5
	Authorisation of enforcement, recognition of recognition and restoration of the custody relationship
		Subsection 1
			Admission of compulsory enforcement in the first legal train
§ 16				Application
§ 17				Appointing Plenipotentiary
§ 18				Unilateral procedure
§ 19				Special provisions relating to the European Convention on custody
§ 20				Decision
Section 21				Notice of decision
Section 22				The effectiveness of the decision
Section 23				Enforcement clause
		Subsection 2
			Complaint
§ 24				Filing of the complaint; Complaint
Section 25				Objections to the claim to be enforced
Section 26				Procedure and decision on the complaint
§ 27				Order of immediate effectiveness
		Subsection 3
			Legal complaint
§ 28				Statuality of the legal complaint
§ 29				Introduction and justification of the legal complaint
§ 30				Procedure and decision on legal complaint
Section 31				Order of immediate effectiveness
		Subsection 4
			Recognition of recognition
Section 32				Recognition determination
		Subsection 5
			Recovery of the Sorge Ratio
§ 33				Arrangement for the release of the child
		Subsection 6
			Repeal or amendment of decisions
Section 34				Procedure for repeal or amendment
§ 35				Compensation for unjustified enforcement
		Subsection 7
			Enforcement Action for Enforcement
§ 36				Enforcement action in the case of titles on procedural costs
Section 6
	Proceedings under the Hague Convention on Child Abduction
Section 37				Applicability
§ 38				Accelerated procedure
§ 39				Transmission of decisions
§ 40				Effectiveness of the decision; appeal
Section 41				Certificate of relegality
§ 42				Submission of applications to the Local Court
Section 43				Procedural costs and advice
Section 7
	Enforcement
Section 44				Administrative appropriations; Enforcement of the Office of the European Union
Section 8
	Cross border accommodation
§ 45				Responsibility for consent to accommodation
Section 46				Consultation procedure
§ 47				Approval of the family court
Section 9
	Certificates of domestic decisions pursuant to Regulation (EC) No 2201/2003
§ 48				Issue of certificates
§ 49				Corrigendum to certificates
Section 10
	Cost
§ 50 to 53				(dropped)
§ 54				Translations
Section 11
	Transitional provisions
§ 55				Transitional provisions on Regulation (EC) No 2201/2003
§ 56				Transitional provisions on the Convention implementing the provisions of the Convention

Section 1
Scope; definitions

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§ 1 Scope

This law serves

1.: the implementation of Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and repealing the Regulation (EC) No 1347/2000 (OJ L 327, 30.4.2000 EU No L 338 p. 1);
2.: the implementation of the Hague Convention of 19 June 1990. The Court of Justice of the European Parliament adopted a resolution on 14 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in the field of parental responsibility and measures for the protection of children (BGBl. 602, 603)-the Hague Convention on the Rights of the Child;
3.: the implementation of the Hague Convention of 25 June 1990. October 1980 on the civil aspects of international child abduction (BGBl. 1990 II p. 207)-the Hague Convention on the Child Abduction of Children;
4.: the implementation of the Luxembourg European Convention of 20 May 1980 on the Recognition and Enforcement of Decisions on the custody of children and the restoration of the custody relationship (BGBl. 220)-hereinafter referred to as the European custody convention.

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§ 2 Definitions

For the purposes of this Act, "Title" means decisions, agreements and public documents to which the EC Regulation to be implemented or the Convention to be executed shall apply.

Section 2
Central Authority; Jugendamt

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§ 3 Determination of the Central Authority

(1) Central Authority after

1.: Article 53 of Regulation (EC) No 2201/2003,
2.: Article 29 of the Hague Convention on Child Protection,
3.: Article 6 of the Hague Child Abduction Convention,
4.: Article 2 of the European Custody Convention

is the Federal Office of Justice. (2) The proceedings of the Central Authority shall be considered as judicial administrative procedure. Unofficial table of contents

§ 4 Translations on incoming requests

(1) The Central Authority, where an application from another State is in accordance with Regulation (EC) No 2201/2003 or in accordance with the European Convention on custody, may refuse to take action, as long as information or information is to be provided. Documents are not written in German or accompanied by a translation into this language. (2) Is a document under Article 54 of the Hague Convention on the Protection of the Child or under Article 24 (1) of the Hague Convention Invariably not accompanied by a German translation, the child-abduction convention shall Central authority the translation. Unofficial table of contents

§ 5 Translations at outgoing requests

(1) Any translations required by the requesting person for applications to be carried out in another State shall not itself, the Central Authority shall arrange for the translations at the expense of the requesting person. (2) The Local Court an applicant natural person who has his or her habitual residence or, in the absence of a habitual residence in the country, has an actual stay in the judicial district, on request, from the obligation to grant the obligation referred to in paragraph 1, if the applicant is the personal and economic conditions for the granting of Legal aid without its own contribution to the costs in accordance with the provisions of the Law on the Procedure in Family Matters and in matters of voluntary jurisdiction. Unofficial table of contents

§ 6 Task fulfillment by the Central Authority

(1) In order to carry out the tasks assigned to it, the Central Authority shall, with the assistance of the competent authorities, take all necessary measures. It operates directly with all relevant offices in Germany and abroad. (2) For the purposes of executing the Hague Convention on the Child Abduction and the European Custody Convention, the Central Authority shall, if necessary, initiate a judicial review of the Procedure. For the purpose of the return of the child, under these Conventions, it shall be deemed to be empowered to act on behalf of the applicant himself or in the course of the underperforming by representatives of judicial or extrajudicial proceedings. Their power to act in accordance with their own names in order to ensure compliance with the conventions remains unaffected. Unofficial table of contents

§ 7 Residence determination

(1) The Central Authority shall take all necessary measures, including the intervention of law enforcement authorities, in order to identify the place of residence of the child, if it is not known and there is evidence that the child is in the (2) As far as necessary for the identification of the child's stay, the Central Authority may collect the required holding data in accordance with § 33 (1) sentence 1 no. 2 of the Road Traffic Act and the service providers at the Federal Motor Transport Authority (Bundesamt). in the sense of § § 18 to 29 of the First Book of the Social Code to notify the (3) Under the conditions set out in paragraph 1, the Central Authority may arrange for an invitation to tender to be issued by the Federal Criminal Police Office. It may also arrange for the storage of a search engine in the central register. (4) As far as other entities are switched on, it shall provide them with the personal data necessary for the implementation of the measures; these may only be used for the purpose of: shall be used for which they have been transmitted. Unofficial table of contents

§ 8 Call of the Higher Regional Court

(1) If the Central Authority does not accept an application or if it refuses to take action, the decision of the Higher Regional Court may be requested. (2) The Oberlandesgericht (Oberlandesgericht) in whose district the Central Authority has its registered office is responsible for the decision. (3) The Oberlandesgericht (Higher Regional Court) decides in the procedure of voluntary jurisdiction. Section 14 (1) and (2), as well as sections 4 and 5 of Book 1 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall apply accordingly. Unofficial table of contents

Section 9 Participation of the Youth Welfare Office in proceedings

(1) Without prejudice to the duties of the Youth Welfare Office in cross-border cooperation, the Jugendamt shall assist the courts and the Central Authority in all measures under this Act. In particular

1.: provides information on the social situation of the child and its environment, on request,
2.: In any situation, it supports a friendly agreement;
3.: shall, in appropriate cases, assist in the implementation of the procedure, including in securing the residence of the child,
4.: shall, in appropriate cases, provide assistance in the exercise of the right to personal use, to the child's return or return, and to the enforcement of judgments.

(2) The Jugendamt, in whose area the child habitually holds up, is responsible. As long as the Central Authority or a court is seized of a release or return request or its enforcement, or if the child has no habitual residence in the country, or the relevant Jugendamt does not act, that Jugendamt, in whose area the child actually stays. In the cases referred to in the first sentence of Article 35 (2) of the Hague Convention on Child Protection, the Jugendamt shall be the local authority in whose district the requesting parent has his habitual residence. (3) The court shall inform the competent authority of the competent authority. Jugendamt about decisions under this law even if the Jugendamt was not involved in the proceedings.

Section 3
Jurisdiction and concentration of jurisdiction

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Section 10 Local competence for recognition and enforcement

Locally solely responsible for procedures after

-: Article 21 (3) and Article 48 (1) of Regulation (EC) No 2201/2003 as well as for the enforcement of enforcement pursuant to Articles 41 and 42 of Regulation (EC) No 2201/2003,
-: Articles 24 and 26 of the Hague Convention on the Protection of the Child,
-: the European custody convention

is the family court, within the jurisdiction of which at the time the application is submitted

1.: the person against which the application is addressed, or the child to which the decision relates, habituated, or
2.: in the absence of a competence referred to in paragraph 1, the interest in the determination arises or the need for care exists,
3.: otherwise the court appointed to decide in the district of the Chamber Court.

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Section 11 Local jurisdiction under the Hague Convention on Child Abduction

Local authority for proceedings under the Hague Convention on Child Abduction is the family court, in the jurisdiction of which

1.: the child has stopped at the time of receipt of the application to the Central Authority, or
2.: in the absence of the competence referred to in paragraph 1, there is a need for care.

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§ 12 Competence concentration

(1) In proceedings concerning a case referred to in § § 10 and 11 as well as in proceedings concerning the declaration of enforceable proceedings pursuant to Article 28 of Regulation (EC) No 2201/2003, the family court in whose district a Higher Regional Court has its registered office shall decide: for the district of this Higher Regional Court. (2) In the district of the Chamber Court, the Family Court of Pankow/Weißensee decides. (3) The state governments are authorized to exercise this jurisdiction by means of a decree of law to another family court of the Upper county court district or, if in one country several Oberlandesgericht , are to be assigned to a family court for the districts of all or several Higher Regional Courts. You can transfer the empowerment to the State Justice Administrations. Unofficial table of contents

§ 13 Competence concentration for other family matters

(1) The family court, in which a matter referred to in § § 10 to 12 is pending, is from that date on, notwithstanding § 137 (1) and (3) of the Law on the Procedure in Family Matters and in the Matters of Volunteers. Jurisdiction for all family matters relating to the same child in accordance with § 151 (1) to (3) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction, including the provisions of § 44 and § § 35 and 89 to 94 of the Law on the Procedure in Family Matters and in the Affairs of the voluntary jurisdiction. The competence referred to in the first sentence shall not enter into force if the application is manifestly inadmissible. In accordance with the provisions of Section 281 (2) and (3) sentence 1 of the Code of Civil Procedure, it is no longer necessary to do so as soon as the former court has no jurisdiction on the basis of an indisputable decision. (2) In the case of the family court having jurisdiction in the Oberlandesgericht (Oberlandesgericht), where the child habituates, is competent for applications of the type referred to in the first sentence of paragraph 1, another Family matter pursuant to § 151 (1) to (3) of the Act on the Procedure in Family Matters and in the Family Matters Where a parent is habitually resident in another Member State of the European Union or in another State Party of the Hague Convention on the Protection of the Child, (3) In the case referred to in the first sentence of paragraph 1, another family court has, in the case of the family matter relating to the same child, in accordance with Section 151 (1) to (3) of the Law on the procedure in family matters and in the affairs of the voluntary jurisdiction shall be pending in the first legal proceedings or shall be pending, on its own account, on the grounds of the court competent pursuant to the first sentence of paragraph 1. On the basis of a matching request from both parents, other family matters involving them shall be submitted to the court competent pursuant to paragraph 1 or 2. § 281 (2) sentence 1 to 3 and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly. (4) The family court which has jurisdiction under paragraph 1 or paragraph 2, or to which the case referred to in paragraph 3 has been delivered, may, for important reasons, apply to the family court competent in accordance with the general rules, in so far as this does not lead to a significant delay in the procedure. As a general rule, it should be considered as a general rule if the particular instrument of the first-mentioned court is not required or no longer required for the proceedings. § 281 (2) and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly. The rejection of a charge in accordance with the first sentence is unquestionable. (5) § § 4 and 5 (1) no. 5, para. 2 and 3 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall remain unaffected. Unofficial table of contents

Section 13a Procedure in the case of cross-border tax

(1) if the family court finds the court of another Contracting State under Article 8 of the Hague Convention on the Rights of the Child to take over responsibility, it shall set a time limit within which the foreign court shall take over the jurisdiction can be communicated. If the family court suspends the procedure provided for in Article 8 of the Hague Convention on the Protection of Children, it shall set a time limit within which the foreign court is to be called upon to bring proceedings. If the period referred to in the first sentence has expired without the foreign court having communicated the responsibility for taking over the competence, it shall normally be presumed that the requested court shall refuse to take over the jurisdiction. If the period after sentence 2 has expired, without a party having called the foreign court, it remains the responsibility of the family court. The court of the requested State and the parties shall be informed of these legal consequences. (2) A court of another Contracting State shall seek the family court under Article 8 of the Hague Convention on the Convention for the Protection of Children for the Assumption of Responsibility or if a party appeals to the family court under this provision, the family court may take over the jurisdiction within six weeks. (3) Paragraphs 1 and 2 shall apply to requests, requests and decisions pursuant to Article 9 of the Hague (4) The decision of the Family Courts,

1.: request the foreign court referred to in the first sentence of paragraph 1 or, in accordance with Article 15 (1) (b) of Regulation (EC) No 2201/2003, to take over responsibility,
2.: to suspend the procedure referred to in the second sentence of paragraph 1 or in Article 15 (1) (a) of Regulation (EC) No 2201/2003;
3.: the competent foreign court referred to in Article 9 of the Child Protection Convention or Article 15 (2) (c) of Regulation (EC) No 2201/2003 to ask for the discharge of jurisdiction,
4.: invite the parties to apply to the competent foreign court under Article 9 of the Hague Convention on the Rights of the Child to apply to the family court, or
5.: to give jurisdiction to the foreign court at the request of a foreign court or at the request of the parties pursuant to Article 9 of the Hague Convention on the Protection of the Child,

is countervailable with the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure. The legal complaint is excluded. The decisions referred to in the first sentence shall take effect only with their legal force. (5) In addition, decisions under Articles 8 and 9 of the Hague Convention on the Protection of the Child and Article 15 of Regulation (EC) No 2201/2003 are indisputable. (6) Parties within the meaning of that provision and of the Articles 8 and 9 of the Hague Convention on the Rights of the Child and of Article 15 of Regulation (EC) No 2201/2003 are those laid down in Article 7 (1) and (2) (1) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Workers Jurisdiction referred to in the jurisdiction. The provisions relating to the execution of other parties shall remain unaffected.

Section 4
General Court of Procedure

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Section 14 Family court procedure

Unless otherwise specified, the family court decides

1.: In accordance with the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, referred to in § § 10 and 12 of this Act,
2.: concerning the other matters referred to in § § 10, 11, 12 and 47 as family matters in the procedure of voluntary jurisdiction.

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Section 15 Injunctions

The Court of First Instance may, on request or on its own motion, take interim measures in order to prevent the risk of the child or to avoid prejudice to the interests of the parties concerned, in particular with regard to the place of residence of the child during the course of the (1) The provisions of Section 4 of Book 1 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply mutah.

Section 5
Authorisation of enforcement, recognition of recognition and restoration of the custody relationship

Subsection 1
Admission of compulsory enforcement in the first legal train

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Section 16 Application

(1) With the exception of the titles referred to in Articles 41 and 42 of Regulation (EC) No 2201/2003, the title enforceable in another State shall be allowed to enforce enforcement by applying the enforcement clause at the request of the Member State. (2) The application for the enforcement clause can be filed with the competent family court in writing or declared orally to the minutes of the office. (3) If the application is contrary to § 184 of the German Court of Justice Act not written in German, the court of the applicant shall be able to: give up a translation of the application, the accuracy of which is

1.: in a Member State of the European Union, or
2.: in another Contracting State of a Convention to be executed

, the person authorised to do so has been confirmed. Unofficial table of contents

Section 17 Authorising officer

(1) If the applicant has not appointed an agent for delivery within the meaning of § 184 (1) sentence 1 of the Code of Civil Procedure in the application, all deliveries to it by post (Section 184 (1)) can be made until the subsequent appointment. (2) Paragraph 1 shall not apply if the applicant has appointed a procedural representative for the proceedings to which the person may be served domestiously. Unofficial table of contents

§ 18 unilateral procedure

(1) Within the scope of Regulation (EC) No 2201/2003 and the Hague Convention on the Rights of the Child, only the applicant person shall be given the opportunity to express his views in the first instance proceedings for the authorisation of the enforcement of the child's rights. The decision shall be taken without oral proceedings. However, an oral discussion with the applicant or a person empowered by it may take place if he agrees to this and serves to discuss the acceleration. (2) By way of derogation from Section 114 (1) of the Act, The procedure in family matters and in matters of voluntary jurisdiction is not required in matrimonial matters in the first legal proceedings. Unofficial table of contents

Section 19 Special provisions concerning the European custody convention

The declaration of enforcement of a title from another Contracting State of the European Convention on custody of custody shall also be excluded in the cases of Articles 8 and 9 of the Convention if the conditions set out in Article 10 (1) (a) or (b) of the Convention, in particular where the effects of the title would be incompatible with the fundamental rights of the child or of a person entitled to custody. Unofficial table of contents

Section 20 Decision

(1) Where enforcement is to be permitted under the title, the court shall decide that the title shall be accompanied by the order for enforcement. The decision shall reflect the obligation to be enforced in the German language. In order to justify the decision, the reference to Regulation (EC) No 2201/2003 or the recognition and enforcement contract to be carried out and to the documents submitted by the applicant is usually sufficient. (2) § 81 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction is to be applied accordingly; in matrimonial matters, § 788 of the Code of Civil Procedure applies accordingly. (3) If the application is not admissible or not justified, the Court of First Instance shall reject it by reason of the reasons Decision taken. The costs shall be referred to in paragraph 2; in matrimonial matters, the costs shall be borne by the applicant. Unofficial table of contents

Section 21 Announcement of the decision

(1) In the case of § 20 (1), the obligated person shall be a certified copy of the decision, a certified copy of the title not yet provided with the Enforcement Clause and, where appropriate, its translation, and that pursuant to § 20 (1). The first sentence of paragraph 1 shall be notified of its own motion to the original documents. A decision pursuant to section 20 (3) shall be communicated informally to the person under obligation. (2) The applicant shall be a certified copy of the decision in accordance with § 20, and in the case of § 20 (1), a certificate of the served delivery to the applicant shall be issued. submit. The copy of the title provided by the enforcement clause shall not be sent to the applicant until the decision pursuant to section 20 (1) has become effective and the order for enforcement has been granted. (3) In a procedure which In the event of a declaration of parental responsibility, it is also the case of the legal representatives of the child, the representative of the child in the proceedings, the child himself, as far as the 14. (4) If the measure declared to be enforceable is a place of accommodation, the decision shall also be the head of the To make known the institution or foster family in which the child is to be accommodated. Unofficial table of contents

Section 22 Effective date of decision

(1) The decision in accordance with § 20 shall only be effective with legal force. (2) Paragraph 1 shall not apply to the decision declaring a decision on the deprivation of accommodation of a child under Article 56 of Regulation (EC) No 2201/2003 to be enforceable. In such a case, the Court shall order the immediate effectiveness of the decision. The second sentence of Section 324 (2), second sentence, point 3, and the third sentence of the Act on the Procedure in Family Matters, and in matters of voluntary jurisdiction shall apply mutatily. Unofficial table of contents

Section 23 Enforcement clause

(1) On the basis of an effective decision pursuant to Section 20 (1), the official of the office shall issue the enforcement clause in the following form:
" Enforcement clause according to § 23 of the International Family Law Procedure Act of 26 January 2005 (BGBl. 162). In accordance with the decision of the ... (the name of the court and the decision), the enforcement of ... (designation of the title) in favour ... (designation of the person entitled) against ... (name of the person under obligation) shall be admissible.
The obligation to be carried out shall be:
... (indication of the obligation of the foreign title of the obligated person in the German language; to be transferred from the decision pursuant to § 20 (1)). " (2) Enforcement shall only be made for one or more of the obligations imposed by the The Enforcement Clause shall be deemed to be a "partial enforcement clause in accordance with § 23 of the German national law", or only for a part of the subject-matter of the obligation, the enforcement clause shall be deemed to be a " partial enforcement clause according to § 23 of the German law. International Family Law Procedure Act of 26 January 2005 (BGBl. 162) ". (3) The enforcement clause must be signed by the official of the office of the office and shall be provided with the court seal. It must be placed either on the copy of the title or on a sheet to be attached to it. If there is a translation of the title, it must be combined with the copy.

Subsection 2
Complaint

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Section 24 Filing of the complaint; Complaint

(1) The appeal to the Oberlandesgericht (Oberlandesgericht) shall take place against the decision taken in the first legal proceedings. The appeal is filed with the Oberlandesgericht by filing a notice of appeal or by declaration on the minutes of the office. (2) The admissibility of the appeal is not affected by the fact that it is held in place of the (3) The appeal against the authorization of the enforcement of the enforcement order must be filed without delay. (3) The appeal against the court of law of the first legal suit shall be filed without delay.

1.: within one month of service, if the person entitled to the complaint has his or her habitual residence in the country;
2.: within two months of service, if the person entitled to complain has his or her habitual residence abroad. The time limit shall begin on the date on which the declaration of enforceable rights of the person entitled to the complaint has been delivered either in person or in his home. An extension of this period due to further removal is excluded.

(4) The notice of appeal is an emergency period. (5) The appeal is to be notified to the respondent of its own motion. (6) In the case of Section 22 (2), the appeal court may, by decision, infer the enforcement of the contested decision. . Unofficial table of contents

Section 25 objections to the claim to be enforced

The person responsible may, together with the appeal against the authorisation of enforcement of a title relating to the reimbursement of proceedings, also invoke objections to the claim, in so far as the grounds on which they are based are , only after the adoption of the title. Unofficial table of contents

Section 26 Procedure and decision on the complaint

(1) The senate of the Higher Regional Court decides by decision, which is to be provided with reasons and can proceed without oral proceedings. (2) As long as an oral hearing is not arranged, the minutes of the office can be submitted and make statements. If the oral proceedings are arranged in a matrimony, § 215 of the Code of Civil Procedure shall apply. (3) A complete copy of the decision shall be issued by the parties to the parties, even if the decision is announced. (4) § 20 (1) sentence 2, para. 2 and 3, § 21 (1), (2) and (4) as well as § 23 shall apply accordingly. Unofficial table of contents

Section 27 Order of immediate effect

(1) The decision of the Oberlandesgericht in accordance with § 26 shall only take effect with its legal force. (2) The Oberlandesgericht (Oberlandesgericht) may, in connection with the decision on the appeal, order the immediate effectiveness of a decision.

Subsection 3
Legal complaint

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§ 28 Statliability of the legal complaint

The decision of the Oberlandesgericht (Oberlandesgericht) takes place on the basis of Section 574 (1) (2) of the Code of Civil Procedure (Bundesgerichtshof). Unofficial table of contents

Section 29 Filing and justification of the legal complaint

Section 575 (1) to (4) of the Code of Civil Procedure shall be applied accordingly. In so far as the appeal is based on the fact that the Higher Regional Court has deviated from a decision of the Court of Justice of the European Communities, the decision which deviates from the decision under appeal must be called. Unofficial table of contents

Section 30 Procedure and decision on legal complaint

(1) The Federal Court of Justice can only verify whether the decision is based on an infringement of the law of the European Community, of a recognition and enforcement contract, other federal law, or of any other provision, the Scope extends beyond the district of a Higher Regional Court. He must not verify whether the court has wrongly accepted his local jurisdiction. (2) The Federal Court of Justice can decide on the appeal without oral proceedings. § 574 (4), § 576 (3) and § 577 of the Code of Civil Procedure are to be applied accordingly; in matters of voluntary jurisdiction § 574 (4) and § 577 (2) sentences 1 to 3 of the Code of Civil Procedure as well as the referral to § 556 in § § 556 of the Code of Civil Procedure are to be applied accordingly. § 20 (1) sentence 2, para. 2 and 3, § 21 (1), (2) and (4) as well as § 23 shall apply accordingly. Unofficial table of contents

Section 31 Order of immediate effect

The Federal Court of Justice may, at the request of the person in obligation, cancel an order pursuant to Section 27 (2) or, at the request of the authorized person, for the first time make an order pursuant to section 27 (2).

Subsection 4
Recognition of recognition

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Section 32 Recognition of recognition

On the procedure for a separate application for a determination pursuant to Article 21 (3) of Regulation (EC) No 2201/2003, in accordance with Article 24 of the Hague Convention on the Protection of the Child, or under the European Convention on the Rights of the Child, a title from a recognising or not recognising other States, subsections 1 to 3 shall apply accordingly. The first sentence of Article 18 (1) shall not apply if the person applying for a claim is seeking to establish that a title from another State is not to be recognised. In this case, Section 18 (1), third sentence, must be applied with the proviso that the oral discussion may also take place with other parties concerned.

Subsection 5
Recovery of the Sorge Ratio

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Section 33 Order on the publication of the child

(1) Includes a enforceable title within the scope of Regulation (EC) No 2201/2003, the Hague Convention on the Rights of the Child, or the European custody convention, in accordance with the law of the State in which it was created, the right to on the publication of the child, the family court may, in a clarifying manner, take up the issuing order in the enforcement clause or in an order made pursuant to section 44. (2) Is within the scope of the European custody convention enforceable title on publication of the child shall not be presented in such a way as to: the court, in accordance with § 32, that the custody decision or the custody agreement authorized by the competent authority is to be recognised from the other State Party, and shall, upon request, arrange for the restoration of the custody relationship, that the obligated person has to hand the child out.

Subsection 6
Repeal or amendment of decisions

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Section 34 Procedure for repeal or amendment

(1) Where the title is repealed or amended in the State in which it has been established, and if the person under obligation is no longer able to invoke that fact in the proceedings for the authorisation of enforcement, the title may be repealed; or To apply for a change of authorisation in a special procedure. The same shall apply in the case of the annulment or amendment of decisions, agreements or authentic instruments whose recognition is established. (2) The family court shall have exclusive jurisdiction to decide on the application, which shall be the sole responsibility of the (3) The application may be made in writing or by way of a declaration to the office of the office of the office of the court. The decision shall be taken by decision. (4) Subsections 2 and 3 shall apply mutas to the appeal. (5) In the case of a title on the reimbursement of procedural costs, the suspension of enforcement and the repeal of the procedure shall be the case. § § 769 and 770 of the Code of Civil Procedure shall be applied mutas to the law of the law. The cancellation of a rule of order is also permissible without security. Unofficial table of contents

Section 35 Compensation for unjustified enforcement

(1) Where the authorisation of enforcement of a title on the reimbursement of procedural costs is waived or amended, the person entitled to pay compensation shall be obliged to pay compensation to the person who is responsible for the damage. A person has been created by the execution of the title or by a performance for the purpose of wasting the execution. The same shall apply if the authorisation of the enforcement of the law is repealed or amended in accordance with Section 34, provided that the title granted for enforcement of the enforcement order is still valid at the time of the authorisation under the law of the State in which it has been granted. (2) In order to assert the claim, the Court of First Instance has exclusive jurisdiction to decide on the application to grant the title with the enforcement clause in the first legal proceedings.

Subsection 7
Enforcement Action for Enforcement

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Section 36 Enforcement of the Enforcement Order for Titles

(1) If the enforcement of a title on the reimbursement of procedural costs is permitted, the person liable may invoke objections against the claim himself in a procedure pursuant to Section 767 of the Code of Civil Procedure only if: the reasons on which their objections are based,

1.: after the expiry of the period within which the appeal could have been lodged, or
2.: if the appeal has been lodged, after the termination of this procedure

(2) The action under Section 767 of the Code of Civil Procedure must be brought before the Court of First Instance, which has decided on the application for the order for the enforcement of the order for enforcement.

Section 6
Proceedings under the Hague Convention on Child Abduction

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§ 37 Applicability

If, on a case-by-case basis, the child's return is considered in accordance with the Hague Convention on Child Abduction and the European Convention on custody, the provisions of the Hague Child Abduction Convention shall first be applied, provided that: The applicant does not expressly request the application of the European custody convention. Unofficial table of contents

§ 38 Accelerated procedure

(1) The Court of First Instance shall give priority to the procedure for the return of a child in all legal proceedings. With the exception of Article 12 (3) of the Hague Convention on Child Abduction, a suspension of the proceedings does not take place. The Court of First Instance has to take all the necessary measures to speed up the procedure, in particular so that the main proceedings may be taken in the main proceedings within the time limit referred to in Article 11 (3) of Regulation (EC) No 2201/2003. (2) Court examines in each situation of the proceedings whether the right to personal handling of the child can be guaranteed. (3) The parties involved have to participate in the clarification of the facts, such as one on promotion and acceleration of the procedure in accordance with the best practices. Unofficial table of contents

Section 39 Transfer of decisions

Where a national decision pursuant to Article 11 (6) of Regulation (EC) No 2201/2003 is sent directly to the competent court or central authority abroad, the Central Authority shall be required to perform its tasks in accordance with Article 7 of the Hague Child Abduction Convention to send a transcript. Unofficial table of contents

Section 40 Effectiveness of the decision; appeal

(1) A decision which requires the child to be returned to another Contracting State shall be effective only with its legal force. (2) The appeal to the Oberlandesgericht (Oberlandesgericht) shall be found against a decision taken in the first legal suit. Subsection 1 of Section 5 of the Book 1 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction; § 65 (2), § 68 (4) and § 69 (1) sentence 2 to 4 of that law are not , The appeal shall be filed within two weeks and shall be justified. The appeal against a decision requiring the return of the child is only to the defendant, the child, as far as the 14. Year of life completed, and the participating youth welfare office. (3) The Board of Appeal shall, after receipt of the notice of appeal, immediately examine whether the immediate effect of the decision under appeal on the return of the child is to be ordered. The immediate effectiveness shall be arranged if the complaint is manifestly unfounded or the return of the child before the decision on the complaint, taking into account the legitimate interests of the parties concerned with the good of the The child is to be agreed. The decision on immediate effectiveness may be amended during the appeal procedure. Unofficial table of contents

Section 41 Certificate of relegality

The family court shall decide on an application to establish the revocation or revocation of a child pursuant to the first sentence of Article 15 of the Hague Convention on Child Abduction,

1.: where the matter of custody or matrimony is or has been pending in the first legal proceedings,
2.: in the district of which the child had his last habitual residence within the scope of that law,
3.: in whose district there is a need for care.

The decision shall be justified. Unofficial table of contents

Section 42 Filing of applications to the Local Court

(1) An application to be dealt with in another Contracting State may also be filed with the District Court as the judicial administrative authority in whose district the applicant is habitually resident or, in the absence of such a person, in the the scope of this law, its actual stay. After examination of the formal requirements, the General Court shall immediately transmit the application to the Central Authority, which shall forward it to the other Contracting State. (2) For the activities of the Local Court and the Central Authority in the case of the receiving of the request. and the forwarding of applications shall not be levied with the exception of the cases pursuant to § 5 para. 1 costs. Unofficial table of contents

Section 43 Costs of procedure and advisory services

By way of derogation from Article 26 (2) of the Hague Convention on the Child Abduction of the Child, a waiver of judicial and extra-judicial costs in the case of proceedings under this Convention shall only be granted in accordance with the provisions governing the provision of advice and advice. Procedural cost assistance instead.

Section 7
Enforcement

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Section 44 Order of order; Enforcement of ex office

(1) In the event of an infringement of a national title under Chapter III of Regulation (EC) No 2201/2003, under the Hague Convention on the Rights of the Child, the Hague Child Abduction Convention or the European Parliament, A custody convention, which is aimed at the issuing of persons or the regulation of the handling, should order the court order money and, in the event that it cannot be recovered, order the court order. If the order of an order of order does not promise success, the court shall order the court order. (2) The Oberlandesgericht shall be responsible for the execution of a title referred to in paragraph 1, provided that the order is enforceable for enforceable purposes, (3) If a child is to be returned or returned, the court shall carry out the execution of its own motion, unless the order is directed at the publication of the child for the purpose of the handling. At the request of the authorized person, the court shall abrobe.

Section 8
Cross border accommodation

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§ 45 Responsibility for consent to accommodation

The competent authority for the granting of consent to the accommodation of a child under Article 56 of Regulation (EC) No 2201/2003 or Article 33 of the Hague Convention on Child Protection is the local institution of the public Youth aid in the area of which the child is to be accommodated in accordance with the proposal of the applicant body, otherwise the local institution to whose area the Central Authority has identified the closest reference. The country is responsible for the state of Berlin. Unofficial table of contents

Section 46 Consultation procedure

(1) As a general rule, the request shall be approved if:

1.: the implementation of the intended accommodation in the country is in accordance with the best interests of the child, in particular because it has a special bond with the child,
2.: the foreign body has submitted a report and, where necessary, medical certificates or expert opinions, which give the reasons for the intended accommodation,
3.: the child was heard in the foreign proceedings, provided that a hearing did not appear inappropriate due to the age or degree of maturity of the child,
4.: the consent of the appropriate institution or foster family is available and there are no grounds for preventing the child from being taught there;
5.: a required foreign-law permit has been granted or promised,
6.: the assumption of costs is regulated.

(2) In the case of accommodation associated with deprivation of liberty, the request shall be rejected, irrespective of the conditions set out in paragraph 1, if:

1.: in the requesting State, no court decides on accommodation or
2.: in the case of the facts notified under national law, an accommodation linked to deprivation of liberty would not be allowed.

(3) The foreign authority may be asked for additional information. (4) If a foreign child is requested to be accommodated, the foreign authority's opinion shall be sought. (5) The decision to be justified is also the central the authority and the institution or foster family in which the child is to be accommodated. It is indisputable. Unofficial table of contents

Section 47 Approval of the family court

(1) The consent of the local institution of public youth assistance in accordance with § § 45 and 46 shall only be permitted with the approval of the family court. The court is to grant approval as a rule if:

1.: the conditions laid down in Article 46 (1) (1) to (3) are available; and
2.: is not an obstacle to the recognition of the intended accommodation.

§ 46 (2) and (3) shall apply mutatis. (2) The family court shall be responsible for the district of the Oberlandesgericht (Oberlandesgericht), in the jurisdiction of which the child is to be accommodated. § 12 (2) and (3) shall apply accordingly. (3) The decision to be founded shall be indisputable.

Section 9
Certificates of domestic decisions pursuant to Regulation (EC) No 2201/2003

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Section 48 Exhibition of certificates

(1) The certificate referred to in Article 39 of Regulation (EC) No 2201/2003 shall be certified by the official of the office of the Court of First Instance and, if the proceedings are pending before a higher court, by the official of the court of first instance. (2) The certificate referred to in Articles 41 and 42 of Regulation (EC) No 2201/2003 shall be drawn up in the court of the first legal suit by the family judge, in proceedings before the Higher Regional Court or in the Federal Court of Justice issued by the Chairman of the Senate for Family Matters. Unofficial table of contents

Section 49 Correction of certificates

In order to correct the certificate referred to in Article 43 (1) of Regulation (EC) No 2201/2003, Section 319 of the Code of Civil Procedure shall apply mutagentily.

Section 10
Cost

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§ 54 Translations

The amount of the remuneration for the translations requested by the Central Authority is governed by the Justice and Compensation Act.

Section 11
Transitional provisions

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Section 55 Transitional provisions to Regulation (EC) No 2201/2003

This law is also applicable to proceedings under Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters relating to parental responsibility. Responsibility for the joint children of the spouses (OJ C 327, 28.4.2002 EC No 19), subject to the following conditions:
Where a decision pursuant to section 21 is made to the person in question in a person not in the European Union, or in the Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters (BGBl. In 1994 II, p. 2658), the family court determined a notice of appeal pursuant to § 10 para. 2 and § 50 (2) sentence 4 and 5 of the Recognition and Enforcement Act, so the appeal of the obligated state To file a person against the authorisation of enforcement within the time limit specified by the court. Unofficial table of contents

Section 56 Transitional provisions relating to the provisions of the Convention for the Implementation of the Convention

For procedures under the Hague Convention on Child Abduction and the European Custody Convention, which were initiated prior to the entry into force of this Act, the provisions of the Convention implementing the Convention on the Rights of the Child are to be found on 5 April 1990 (BGBl. 701), as last amended by Article 2 (6) of the Law of 19 February 2001 (BGBl I). I p. 288, 436), further application. However, the provisions of this law shall apply to the enforcement of the enforcement order. If a court has already initiated the enforcement of the enforcement order, its functional competence shall remain unaffected.