Brussels IIb Regulation - Matrimonial matters and matters of parental responsibility (recast)

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Article 103 (1) (a) (1st part) – Public authorities or other authorities authorized to establish an authentic instrument referred to in point (2)(b) of Article 2(2), and public authorities authorized to register an agreement referred to in point (3) of Article 2(2)

Finnish law does not contain any provisions on authentic instruments or registered agreements within the meaning of the Regulation.

Article 103 (1) (a) (2nd part) – Administrative authorities granting legal aid referred to in Article 74(2)

In Finland, the administrative authority referred to in Article 74(2) is the Social Welfare Board (Finnish: Sosiaalilautakunta; Swedish: Socialnämnd),

The competent authority that can grant statements that applicants fulfil the requirements for legal aid: the Legal Aid Office (Finnish: oikeusaputoimisto; Swedish: rättshjälpsbyrå).

Article 103 (1) (b) (1st part) – Courts competent to issue certificates for a decision pursuant to Article 36(1), and courts and authorities competent to issue a certificate for an authentic instrument or agreement referred to in Article 66

The certificate referred to in Article 36(1) is issued by the court or authority that made the decision or approved the agreement.

Article 103 (1) (b) (2nd part) – Courts competent to rectify certificates referred to in Article 37(1), Article 48(1), and courts competent to issue a certificate specifying that the lack or limitation of a certified decision referred to in Article 49; and courts and authorities competent to rectify the certificate, issued under Article 66(1), referred to in Article 67(1);

Courts with the jurisdiction to rectify a certificate issued under Article 37(1) and Article 48(1): The court or other authority that made the decision

Courts having the jurisdiction to issue the certificate on lack or limitation of enforceability referred to in Article 49: The court or other authority that suspended or rejected enforcement, or by whose decision a previous decision is no longer enforceable or its enforceability is limited.

Article 103 (1) (c) – Courts competent for recognition of a decision (Article 30(3)) and for the refusal of recognition (Article 40(2)), as well as the courts and authorities competent for refusal of enforcement, for challenge or appeal, and for further challenge or appeal referred to in 58(1), 61(2) and 62

Courts having jurisdiction to recognise a decision referred to in Article 30(3) and refuse to recognise a decision (Article 40(2)): District Court (Finnish: käräjäoikeus; Swedish: tingsrätt).

Courts and authorities competent for refusal of enforcement referred to in Article 58(1): District Court (Finnish: käräjäoikeus; Swedish: tingsrätt).

Authorities and courts referred to in Article 61(2) of the Regulation: Court of Appeal (Finnish: hovioikeus; Swedish: hovrätt).

Authorities and courts referred to in Article 62 of the Regulation: Supreme Court (Finnish: korkein oikeus; Swedish: högsta domstolen).

Article 103 (1) (d) – Authorities competent for enforcement referred to in Article 52

If enforcement concerns custody, residence or right of access to a child, or returning a child to another Member State: District Court (Finnish: käräjäoikeus; Swedish: tingsrätt).

If less than three years have passed since the decision on custody, residence or right of access to a child, or returning a child to another Member State was made, enforcement of the decision may be sought from a bailiff instead of a court.

If enforcement concerns legal expenses: National Enforcement Authority Finland (Finnish: Ulosottoviranomainen; Swedish: Utsökningsmyndighet).

Article 103 (1) (e) – Redress procedures against a decision on the application for refusal of enforcement referred to in Articles 61 and 62

Article 61(2): Appeals against a decision on the refusal of enforcement may be lodged with a court of appeal. Applications for appeal addressed to the court of appeal should be sent to the registry of the district court that issued the decision.

Article 62: Supreme Court. Applications for appeal addressed to the Supreme Court should be sent to the registry of the court of appeal that issued the decision.

Article 103 (1) (f) – Names, addresses and means of communication for the Central Authorities designated to assist with the application of the Regulation in matters of parental responsibility. In case more than one Central Authority is designated, geographical and functional jurisdiction of each Central Authority to be indicated as referred to in Article 76

Ministry of Justice

International legal assistance

PL 25

00023 GOVERNMENT

Tel.:+358 9 1606 7628

Fax:+358 9 1606 7524

Email central.authority.om@gov.fi

Article 103 (1) (g) – If applicable, categories of close relatives, in addition to parents, with which the child may be placed within the territory of a Member State, without the prior consent of that Member State as referred to in Article 82

Finland does not have the category of close relatives referred to in Article 82(2).

Article 103 (1) (h) – Languages of the institutions of the European Union other than the own language of a Member State, in which communications to its Central Authorities can be accepted as referred to in Article 91(3))

English is also accepted, in addition to Finnish and Swedish.

Article 103 (1) (i) – Languages accepted for the translations of requests and accompanying documents sent under Articles 80, 81, 82, and of the free text fields of the certificates as referred to in Article 91(2)

Article 91(2): English is also accepted, in addition to Finnish and Swedish.