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hhlaw
hhlaw,
Category: Spain Law
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What is the authority and procedure governing the registration

Customer Question

What is the authority and procedure governing the registration and enforceability in Spain of the following in Order/undertaking made in English family proceedings:
1. An undertaking not to bring a child into contact with a named individual
2. Contact order
Submitted: 1 year ago.
Category: Spain Law
Expert:  hhlaw replied 1 year ago.
Hi, thanks for your question.
Could you explain the situation a bit more? Has the child relocated to Spain? What are the arrangements to see the child under the order?
hhlaw and other Spain Law Specialists are ready to help you
Customer: replied 1 year ago.
The child will be re locating to Spain from England.
Expert:  hhlaw replied 1 year ago.
Is this agreed to by you / the other parent?
Customer: replied 1 year ago.
No. It will be ordered by the court
Expert:  hhlaw replied 1 year ago.
Thanks for confirming. If the court were to grant an order for the relocation of the child, and an order for you (or the other parent) to have contact with the child an Article 41(1) certificate needs to be completed and certified by the court - here is a copy http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2145/c61_e.pdf
In relation to the undertaking, an Article 5 certificate needs to be completed and certified by the Court - here is a copy - http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014R0939
However, you should be aware that undertakings may not be recognised in Spain as it is not a court order and therefore may not be enforceable.

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