sie zee 8: 88 inwilligungserklarang : Hiermit gebe ich meine uneingeschrankte Einwilligung, dai “reine Frau Stefanie Gardner geb. Zachariadis, geb. 17.09.1974 und die Kinder Alec Emmanuel Gardner, geb 19.09.2001 und Dominic Vincent Gardner, geb. 05.07.2003 ihren gewdhnlichen Wohnsitz zukiinftig in nehmen. _ Declaration of conseat herby declare my unreserved consent that my wife, Stefanie Gardnes, born on September 17, 1974 and the children, Alec Emmanuel Gardner, born on September 19°, 2001 and Dominic Vincent Gardner, born on May 7, 2003, take up ‘theis regular residence in Germany-rartified Translation Official Copy ~ AMTSGERICHT MUNCHEN (District Court of Munich) 517 F 03277105 Transcript Of the closed hearing held on July 19, 2005 in the District Court of Munich, Germany. Present in person: Dr. Schulz District Court Judge Ms, Strasser, Court Employee Clerk of the Court In the matter of Gregory Gardner, 11872 South Lakes Court, Reston, Virginia 20191, USA. ~ Petitioner - Counsel for the Petitioner: Attorney Werner Martens Ohmstr. 7, 80802 Munich, Germany Stefanie Gardner, KistlerhofstraBe 181, 81379 Munich, Germany ~ Respondent - Counsel for the Respondent: Attomey Dr. Wolfgang Hering, Lipowskystr. 12, 81373 Munich, Germany Ref. no: 31/05CO1sw Regarding the surrendering of children. Parties present for the hearing: Gregory Gardner, Petitioner Counsel for the Petitioner, Attorney Werner Martens Stefanie Gardner, Respondent Counsel for the Respondent, Attomey Dr. Wolfgang Hering German-English interpreter: Ms. Stiegler Irmela yawns ‘The interpreter declares that she is sworn in517 F 0327/05 ‘The Judge orders, adjudges, and decrees the following: ‘The Respondent shall be granted legal aid, and Attorney Dr. Hering shall be appointed to represent the Respondent. ‘The Petitioner declares: Under no circumstances do I wish to accuse my wife of having falsified the “Einwilligungserklarung” (“Statement of Consent”). I have signed so many documents that I no longer have specific recollection of signing this statement too. ‘The domestic relations judge points out that there are no grounds to assume that the children would be abducted unlawfully pursuant to §3 of HKU (Hague Convention on Child Abduction), since the father has given his consent twice in writing that the children can reside permanently in Germany, The domestic relations judge suggests that the petition for surrendering the children be withdrawn, and that during today’s hearing the parties should come to an agreement on the rights of visitation. ‘The Respondent declares that she naturally agrees that the father should be able to visit both children as often as is feasible for him to do so, provided she is given adequate assurance that she will not be subject to any criminal proceedings in the US. Under the certainty that the children will not be taken away from her, she is willing to fly with them to the US once a year to enable the father to see his children. ‘The precondition of this consent on her part is that the father accepts that she has sole legal custody, withdraws his petition filed in the Fairfax County Juvenile and Domestic Relations District Court, and registers the judgment of the German court on legal custody at a court of competent jurisdiction in the US. ‘The counsel for the Petitioner adds that Mr. Gardner is in agreement with these proposals. Mr. Gardner guarantees that there are no pending criminal proceedings in the US against Mrs. Gardner, and additionally assures that he will not file any charges against Mrs. Gardner for wrongful removal of children in the US. Mr. Gardner is aware that through such actions he would ruin the chances of future contact with his children for a long time. Attorney Martens further declares that, at the moment, he is unable to provide any guaranty as to whether it is possible to register the German child custody order in a US court. ‘The Petitioner declares for the court record that he will withdraw his claim for child custody filed in the Fairfax County Juvenile and Domestic Relations District Court. As to the grounds for such withdrawal, he will declare that the children’s mother has been awarded sole legal custody in Germany with his consent, that he accepts this decision without reservation, and that in future he will maintain contact with his children pursuant to the terms of the agreement ‘on the rights of visitation. The Petitioner declares further that when the mother is in the US with the children, he will not fi jim whatsoever in a US court to amend the decree on the legal custody of the children.517 F 0327/05 : Certified Translation Having been instructed on the relevant factual and legal issues, the parties hereto agree to the following Rights of Visitation 1. Mr. Gardner concedes that sole legal custody of the parties’ children, Alec Emmanuel bom on September 19, 2001 and Dominic Vincent born on May 7, 2003 shall be granted to the mother, Mrs. Stefanie Gardner. | 2. Under the proviso that she shall not be subject to any criminal proceedings for wrongful removal of children in the US, and under the certainty that the children will not be taken away from her, Mrs. Gardner is willing to fly with the children to Virginia/USA once a year to enable the father to see them. ‘The father shall, nevertheless, bear the travel expenses incurred for such a visit 3. Mrs. Gardner also agrees that the father may visit the children, Dominic and Alex, in Germany as often as he can, depending on his financial and time constraints, with all such visitations to be agreed upon between the parties. 4, Mrs. Gardner declares that she has no fundamental objection to the father phoning the children, but until now it has been difficult to get the children to come to the phone, because they are still very young. Mrs. Gardner also gives further assurance that she will send pictures of and paintings done by the children to the father. 5. The parents anticipate the next visit to take place at the end of September/early October in Munich, and shall discuss the details between themselves. Similarly, all subsequent visits shall be agreed upon between the parents, whereby the mother again reiterates that the father may visit the children in Munich as often as he desires. This record is read out loud and approved by the parties. Counsel for the Petitioner declares that he hereby withdraws the petition to surrender the children. ‘The Judge orders, adjudges, and decrees as follows 1. The sum in dispute shall be set at EUR 5,000 (Euros Five thousand). 2. The parties shall split the costs of the legal proceedings. 3. The legal aid granted to the Respondent shall include the costs of negotiating this agreement. Dr. Schulz Ms. Strasser, Court Employee District Court Judge Clerk of the Court ‘This is to certify that this official copy is a true and correct copy ofthe original Dated: Munich, July 19, 2005 {Signature} Ms. StraBer, Court Employee Clerk of the CourtIn my capacity as a translator of the English language publicly appointed and sworn in in the German Land of Bavaria, I hereby confirm that the above translation is a true and correct translation of the document presented to me in the original/as-a-photocopy/as-afax-copy Als in Bayern 6ffentlich bestellte und allgemein beeidigte Ubersetzerin fir die englische Sprache bestatige ich: ..Vorstehende Ubersetzung des mir im Original/in Potokepie/als Faxkepic vorgelegten, in deutscher Sprache abgefassten Schriftstiicks ist richtig und vollstindig.* 4.07. Miinchen/Munich, 2005 Antoinette Aichele