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Form 40C - Certificate Referred To In Article 39 Of Council Regulation (Ec) No 2201/2003 Concerning Judgments On Parental Responsibility

Form 40C is a certificate related to judgments on parental responsibility under EU Council Regulation (EC) No 2201/2003. It facilitates the recognition and enforcement of parental responsibility judgments across EU member states.

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Form Overview

Form 40C - Certificate Referred To In Article 39 Of Council Regulation (Ec) No 2201/2003 Concerning Judgments On Parental Responsibility

Form 40C is a certificate related to judgments on parental responsibility under EU Council Regulation (EC) No 2201/2003. It facilitates the recognition and enforcement of parental responsibility judgments across EU member states.

The form captures essential details of a parental responsibility judgment to enable its recognition under EU regulations, including case identification, parties involved, and key decision points.

Risk Radar

  • The most common mistake is failing to include all essential details from the original judgment, which can lead to recognition delays.
  • Incomplete or inaccurate judgment details
  • Missing required signatures or certifications
  • Failure to include all relevant parties
  • Incorrect formatting that may cause recognition issues

Plain English

This form helps ensure that court decisions about parental responsibility made in one EU country can be recognized and enforced in another EU country. It's part of a system designed to make cross-border family law matters more straightforward for parents and guardians.

Submission Date

  • There is no specific deadline for submitting Form 40C, but it should be filed promptly after the judgment is issued to facilitate timely recognition in other EU countries.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when a parental responsibility judgment needs recognition in another EU country
  • Required for enforcement of cross-border custody arrangements
  • Necessary for international relocation cases involving children
  • Used when dealing with child abduction cases between EU countries
  • Required for international child support enforcement under EU frameworks

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
International parental abduction caseForm 12ADifferent procedure for urgent child return casesCheck if urgent return procedures apply before continuing
Child maintenance enforcementForm 47Separate enforcement mechanism for financial obligationsVerify if maintenance is the primary issue
Divorce recognition in EUForm 12BDifferent process for recognizing divorce judgmentsConfirm divorce is the main issue, not parental responsibility
Guardianship applicationsForm 10Different form for establishing guardianshipDetermine if the case involves establishing guardianship

Deadline or filing window

There is no specific deadline for submitting Form 40C, but it should be filed promptly after the judgment is issued to facilitate timely recognition in other EU countries.

Before you submit

  • Verify all parties to the judgment are correctly identified
  • Ensure case reference numbers match the original judgment
  • Check that all key decision points are accurately recorded
  • Confirm proper court certification and signatures are included
  • Verify the judgment falls under the scope of EU Regulation 2201/2003
  • Ensure contact information for all parties is up to date
  • Double-check that the form is completed in full with no blank sections

How to file this form

  1. 1Obtain the official Form 40C from the relevant court registry
  2. 2Complete all sections with accurate information from the original judgment
  3. 3Have the form certified by the court that issued the judgment
  4. 4Submit the completed form to the court registry
  5. 5Request copies for relevant authorities in other EU countries if needed
  6. 6Keep a copy for your records and follow up on recognition status

Known limitations

  • This form only applies to EU member states under Regulation 2201/2003
  • It does not replace the need for separate enforcement procedures
  • The form may not be sufficient for non-EU countries
  • Some EU countries may have additional requirements
  • The form does not address emergency or urgent matters

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Current Form Status

Form 40C is currently in use as part of Ireland's implementation of the Brussels II bis regulation, though specific updates may occur as EU regulations evolve.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Updated format to align with recent EU regulation changes
  • Added clarification on required supporting documentation
  • Revised sections on jurisdictional requirements
  • Enhanced guidance on cross-border enforcement procedures
  • Updated contact information for relevant authorities

Quick Facts

This form is typically completed by court officials or legal representatives involved in parental responsibility cases that may need recognition in other EU countries.
The form captures essential details of a parental responsibility judgment to enable its recognition under EU regulations, including case identification, parties involved, and key decision points.
This form should be completed when a parental responsibility judgment is issued and there's a possibility it may need to be recognized or enforced in another EU member state.
The form is typically filed through the Irish court system that issued the original judgment, with copies potentially sent to relevant authorities in other EU countries as needed.
Submitting this form correctly ensures that parental responsibility decisions can be properly recognized across EU borders, protecting children's welfare and parental rights internationally.
Obtain the form from the relevant Irish court registry, complete all required sections with accurate details from the original judgment, and submit it to the court that issued the decision along with any necessary supporting documentation.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/02/26

Form 40C - Certificate Referred To In Article 39 Of Council Regulation (Ec) No 2201/2003 Concerning Judgments On Parental Responsibility

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After you file

  • Monitor for recognition confirmation from target countries
  • Keep copies of all submitted documentation
  • Follow up with legal representatives if recognition is delayed
  • Update any relevant international case files
  • Be prepared to provide additional information if requested by foreign authorities
  • Maintain records of any enforcement actions taken

Source and verification log

  • Form 40C is issued by the Courts Service of Ireland
  • Related to EU Council Regulation (EC) No 2201/2003 (Brussels II bis)
  • Used for recognition of parental responsibility judgments
  • Part of Ireland's implementation of EU family law regulations
  • Specific procedures may vary by EU member state
  • Not confirmed in official source if digital submission is available
  • Not confirmed in official source about current processing times
  • Not confirmed in official source about associated fees

Common confusion points

7 things to watch for

  • 1

    Confusing this form with other EU family law forms

  • 2

    Uncertainty about which court has jurisdiction to certify

  • 3

    Misunderstanding the scope of Regulation 2201/2003

  • 4

    Difficulty identifying all relevant parties to include

  • 5

    Confusion about language requirements for foreign submissions

  • 6

    Unclear about the difference between recognition and enforcement

  • 7

    Not knowing which supporting documents to include

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