Child abduction by parent
Child abduction by parent
You can take court action to return the child. The central authorities can help to make the necessary steps. Central authorities designated pursuant to Art. 53 are:
Ministry of Justice
Directorate "International Legal Protection of Children and International Adoptions"
"International Legal Cooperation and European Affairs'
Hagstkata Convention on the Civil Aspects of International Child Abduction of 25 October 1980. aims :
1. to secure the prompt return of children illegally transferred or retained in any Contracting States
2. To ensure effective enforcement of laws related to custody and rights of access.
Regulation (EC) № 2201/2003 of the Council of 27 November 2003 concernin
g jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) № 1347/2000.
The Regulation applies between all Member States of the European Union except Denmark.
A judgment given in a Member State is recognized in another Member State without the need for any special procedure.
A judgment given in a Member State which is enforceable there shall be enforced in another Member State where, at the request of the interested party, it has been declared enforceable there. Application for a declaration of enforceability shall be submitted to the court indicated in court on applications for recognition / enforceability. The appeal against the decision on the application for a declaration of enforceability shall be submitted to the court indicated in the list Court to appeal the decision on recognition / enforceability.
Judgments on access rights and the return of the child are recognized and enforceable in other Member States without the need for a declaration of enforceability them, provided that they are accompanied by a certificate.
The Regulation provides for four standard forms.
Each Member State shall designate at least one central authority to assist the implementation of the Regulation.
The competent authorities in the Republic of Bulgaria for the recognition of judgments in matrimonial matters and the matters c custody of the competent authorities for registration, namely mayors.
The competent authority in the Republic of Bulgaria concerning the recognition of decisions district court in the domicile of the counterparty or its registered office, and if she has no permanent address or headquarters in the Republic of Bulgaria - the permanent address or registered office of the interested party.
When the interested party has no permanent address or headquarters in the Republic of Bulgaria claim is brought before the Sofia City Court.
The competent authority to which should be the application for a declaration of enforceability under Article. 29 of the judgment given in another Member State of the EU district court in the domicile of the debtor, at its registered office or place of performance.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg