Council agrees on more effective rules to solve cross border parental responsibility issues

Met dank overgenomen van Raad van de Europese Unie (Raad) i, gepubliceerd op vrijdag 7 december 2018.

The EU wants to make it easier and faster for decisions on parental responsibility issues and international child abduction to be applied across borders.

The Council adopted its position on the revision of so called Brussels IIa regulation which sets out rules on jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, as well as on intra-EU child abduction.

It aims at improving the current legal EU rules that protect children in the context of cross-border parental responsibility disputes related to custody, access rights and child abduction.

The best interest and wellbeing of our children come first. We have agreed today on new rules to make sure that international child abduction and other cross border parental responsibility issues are dealt with effectively and that decisions are applied swiftly. We cannot let the daily life of a child to be undermined because of problems of cross border judicial cooperation.

Josef Moser, minister of justice of Austria

Josef Moser, minister of justice of Austria said: "The best interest and wellbeing of our children come first. We have agreed today on new rules to make sure that international child abduction and other cross border parental responsibility issues are dealt with effectively and that decisions are applied swiftly. We cannot let the daily life of a child to be undermined because of problems of cross border judicial cooperation".

The new rules amend the existing Brussels IIa regulation on a number aspects and foresee in particular:

  • enhanced and clearer rules on intra-EU child abduction cases with the introduction, for example, of clear deadlines to ensure these cases are treated in the most expeditious manner;
  • clearer rules on the opportunity for the child to express his/her views with the introduction of an obligation to give the child a genuine and effective opportunity to express his/her views;
  • the complete abolition of exequatur for all decisions in matters of parental responsibility. This will save time and money for citizens whenever a decision needs to circulate from one member state to another. This abolition of exequatur is associated with a number of safeguards;
  • clearer provisions on the placement of a child in another member state, including the need to obtain consent for all placements, except where a child is to be placed with a parent;
  • the harmonisation of certain rules for the enforcement procedure. While the enforcement procedure remains governed by the law of the member state of enforcement, the regulation includes some harmonised grounds for suspending or refusing enforcement, thereby giving more legal certainty to parents and children.
  • Clearer rules on the circulation of extra judicial agreements. The text foresees that these agreements, for example on divorce or legal separation, will be allowed to circulate only if they are accompanied by a special certificate.

Background

The proposal was presented by the Commission on 30 June 2016. It is subject to the special legislative procedure which requires unanimity in the Council after consultation of the European Parliament. All Member states, except Denmark, are party to this legislation.

The opinion of the Parliament was delivered on 18 January 2018.

Next steps

The work will continue on finalising the text in view of a political agreement.

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