EU Private International Law

EU Private International Law

Third Edition

Elgar European Law series

Peter Stone

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.

Chapter 18: Parental responsibility

Peter Stone

Subjects: law - academic, european law, private international law


Within the European Union, proceedings and orders concerning parental responsibility for children (as well as matrimonial proceedings and decrees) are now governed by EC Regulation 2201/2003, which may conveniently be referred to as the Brussels IIA Regulation. The Regulation deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law. It is on the relevant provisions of the Brussels IIA Regulation that this Chapter will be mainly focused. The Brussels IIA Regulation became applicable on 1st March 2005in the 24 then Member States other than Denmark; on 1st January 2007 in Bulgaria and Romania; and on 1st July 2013 in Croatia. It has replaced EC Regulation 1347/2000, commonly known as the Brussels II Regulation, which is repealed as from the date of application of the Brussels IIA Regulation. The Brussels II Regulation had entered into force on 1st March 2001 for the 14 then Member States other than Denmark, and on 1st May 2004 for the ten States which joined the European Community on that date. As regards parental responsibility, the Brussels II Regulation had confined its scope to proceedings and orders which concerned children of both spouses, and which were instituted or made on the occasion of matrimonial proceedings between the parents.

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