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�The Brussels IIa Regulation (2201/2003)�

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�November 2018

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Scope

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The Regulation applies, since 2005, to questions of jurisdiction of the courts and recognition and enforcement of decisions in cross-border

  • • matrimonial matters (divorce, separation, marriage annulment);
  • • parental responsibility matters (custody, access rights); and
  • • child abduction

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Jurisdiction rules

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  • - parental responsibility (habitual residence)

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  • - matrimonial matters (7 alternative grounds; habitual residence & nationality)

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Recognition and enforcement

  • Custody decisions: intermediate proceedings for enforcement of judgments (exequatur)

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  • Access rights / Return orders: Abolition of intermediate proceedings for recognition and enforcement of judgments (abolition of exequatur)
  • = automatic recognition and enforceability of all judgments from other Member States while maintaining procedural safeguards (e.g. protection of the rights of defence)

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International child abduction

  • - the interplay with the 1980 Hague Convention on Civil Aspects of International Child Abduction

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  • - stricter rules between the EU Member States: the overriding mechanism

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Cooperation between Central Authorities

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  • - all Member States appoint Central Authorities to support parents in proceedings concerning parental responsibility

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  • - annual meetings of Central Authorities at EU level
  • - exchange of information about specific cases

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  • Thank you!

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  • Any questions?

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