Europese erkenning ouderlijke bevoegdheid moet ontvoering kinderen tegengaan (en)

As of 1 March, judgments on parental responsibility will be recognised throughout the European Union pursuant to a new Council Regulation. The aim of the Regulation is to create a common judicial area in the field of family law to ensure that children can maintain regular contacts with both parents after a separation even if they live in different Member States. To effectively solve the problem of parental child abduction within the EU, which causes appalling suffering to the children concerned, the Regulation imposes a strict obligation to assure the return of the child.

"This Regulation is a milestone in the creation of a common judicial area in family law matters and a significant step forward in the EU policy to protect and promote the rights of the child" said Franco Frattini, Vice President of the Commission and Commissioner for Justice, Freedom and Security. "The new rules on child abduction will ensure the prompt return of abducted children to their Member States of origin. The Regulation will also reinforce the fundamental right of the child to maintain regular contacts with both parents by allowing judgments on visiting rights to circulate freely between Member States."

Council Regulation (EC) No 2201/2003 ("the new Brussels II Regulation") applies in all Member States except Denmark as of 1 March 2005. It applies to matrimonial judgments and judgments on parental responsibility in proceedings instituted after 1 March 2005. It will repeal and replace Council Regulation (EC) No 1347/2000 ("the Brussels II Regulation").

The new Regulation reinforces the principles underlying the 1980 Hague Convention on international child abduction by imposing stricter obligations to assure the return of the child. From now, the courts of the Member State to which the child has been abducted shall always order the return of the child to the Member State of origin if the child can be protected there. Since time is of the essence in these proceedings, the court must issue its decision within six weeks. The child as well as the non-abducting parent shall be given the opportunity to be heard. The courts of the Member State of origin will have the final say to decide whether or not the child shall return and their decisions will be recognised and enforced in the other Member State without the need for a declaration for enforceability ("exequatur procedure"). This procedure is also abolished for judgments on visiting rights, which are directly recognised and enforceable in another Member State under the new rules.

Finally, the Regulation creates a system of co-operation between central authorities of the Member States. These authorities will facilitate court-to-court communications and facilitate agreements between parents through mediation or other means.

For more information about the Practice Guide for the application of the Regulation :

http://europa.eu.int/comm/justice_home/ejn/parental_resp/parental_resp_ec_en.htm

It has been drawn up by the Commission in consultation with the European Judicial Network in civil and commercial matters.