This article deals with the new Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction (hereinafter the ‘Brussels IIa Regulation’).
The Brussels IIa Regulation replaces the original Regulation (EC) No 2201/2003, also known as Brussels IIa. Both European regulations deal with the legal framework governing parental responsibility with an international dimension, as well as disputes relating to international child abduction.
It can be noted that the previous legal framework has undergone several changes. This article examines in detail the new provisions regarding the child’s right to be heard in proceedings concerning parental responsibility or the return of the child.
Another topic is the new rules on the choice of local jurisdiction in proceedings to determine parental responsibility. The parties may now choose the competent court, provided that this choice is in the child’s best interests. The parties must reach a written agreement on this choice, which must be signed by both parties.
A very important change concerns the abolition of the declaration of enforceability for court decisions on parental responsibility. These decisions are now automatically enforceable and are recognised in another Member State (together with the relevant form), provided the decision does not contravene public policy or is not incompatible with a subsequent decision on parental responsibility.
Last but not least, the new Regulation streamlines court proceedings in cases of international child abduction – in particular, it sets specific time limits that the court must adhere to during these proceedings in order to avoid delays. The provision allowing contact between the child and the person seeking the child’s return to be ensured even whilst court proceedings are ongoing proves to be very practical.
You can read further details on the new legal framework governing proceedings on parental responsibility and international child abductions in our article available here: https://www.epravo.cz/top/clanky/narizeni-brusel-ii-ter-vyznamne-zmeny-nejen-v-rizenich-ve-vecech-rodicovske-odpovednosti-115094.html