Brussels II ter Regulation: significant changes not only in parental responsibility proceedings

This article deals with the new European Council Regulation (EU) 2019/1111 of 25.06.2019 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility and international child abduction (“Brussels II ter Regulation“).

The Brussels II ter Regulation replaces the original Regulation (EC) No 2201/2003, also known as Brussels II bis. Both European Regulations deal with the regulation of parental responsibility with an international element and international child abduction disputes.

It can be noted that the existing legislation has undergone a number of changes. The article deals in detail with the new legal regulation of the right of expression of the child in parental responsibility or return proceedings.

Another topic is the new legal regulation of the choice of local jurisdiction in proceedings to establish parental responsibility. The parties may now choose the competent court if this choice is in the best interests of the child. The choice must be agreed in writing between the parties and signed by both parties.

A very important change concerns the abolition of the declaration of enforceability of court decisions on parental responsibility. These decisions will now be automatically enforceable and will be automatically recognised in another Member State (together with the relevant form) unless such a decision is contrary to public policy or incompatible with a later decision on parental responsibility.

Last but not least, the new Regulation streamlines court proceedings in cases of international child abduction – in particular, it sets precise time limits to be respected by the court in these proceedings in order to avoid delays in the proceedings. The possibility to ensure contact between the child and the person requesting the return already during the court proceedings seems to be very practical.

Further details on the new legislation in parental responsibility and international child abduction proceedings can be found in our article here:   

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