FINDING COMPETENT COURTS/AUTHORITIES
The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.
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)
- Article 2(2)(2)(b): notaries (notaires/notarissen)
- Article 2(2)(3): no information.
Article 103 (1) (a) (2nd part) – Administrative authorities granting legal aid referred to in Article 74(2)
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
- Article 36(1): the family court (tribunal de la famille/familierechtbank), juvenile court (tribunal de la jeunesse/jeugdrechtbank), civil magistrate’s court (juge de paix/vrederechter), court of appeal (cour d’appel/hof van beroep).
- Article 66: notaries
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);
- Article 37(1): the family court, juvenile court, civil magistrate’s court, court of appeal.
- Article 48(1): the family court, court of appeal.
- Article 49: the family court, court of appeal.
- Article 66(3)/Article 37(1): notaries.
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
- Article 30(3): the family court.
- Article 40(1): the family court.
- Article 58(1): the family court.
- Article 61(2): the family court and the court of appeal.
- Article 62: the court of appeal and the court of cassation (cour de cassation/hof van cassatie).
Article 103 (1) (d) – Authorities competent for enforcement referred to in Article 52
Bailiffs (huissiers de justice/gerechtsdeurwaarders).
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: appeal and opposition proceedings.
Article 62: appeal and cassation proceedings.
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
Federal Department of Justice (Service Public Fédéral Justice/Federale Overheidsdienst Justitie), Directorate-General for Legislation, Fundamental Rights and Freedoms (Direction générale de la Législation et des Libertés et Droits fondamentaux/Directoraat-generaal Wetgeving en Fundamentele Rechten en Vrijheden)
International civil cooperation (Service de coopération internationale civile/Dienst Internationale rechtshulp in burgerlijke zaken)
Federal contact point for international child abduction (Point de contact fédéral « Enlèvement international d'enfants »/Federaal Aanspreekpunt Internationale Kinderontvoeringen)
Administrative address: Boulevard de Waterloo 115
Tel.: +32 (0)2 542 67 00 (24/7)
Languages accepted: French (FR), Dutch (NL), German (DE), English (EN).
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
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 in addition to the three national languages: Dutch, French and German.
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 80(3): the official language of the place where the application will be submitted (FR-NL-DE). Before submitting an application, it is recommended to contact the Belgian central authority to find out the language into which the application will have to be translated.
- Articles 81(2) and 82(2): the official language of the place where the application is to be processed. (FR-NL-DE). Before submitting an application, it is recommended to contact the Belgian central authority to find out the language into which the application will have to be translated.
- Article 91(2): only the official languages are accepted. Before submitting an application, it is recommended to contact the Belgian central authority to find out the language into which the application will have to be translated.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.