EU Private International Law

EU Private International Law

Harmonization of Laws

Elgar European Law series

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Chapter 17: Parental Responsibility

Peter Stone

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


INTRODUCTION The Brussels IIA Regulation The Brussels IIA Regulation1 (like its predecessor, the Brussels II Regulation)2 deals with proceedings and orders concerning parental responsibility for children, as well as with matrimonial proceedings and decrees.3 Both Regulations deal with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law. 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.4 In contrast the Brussels IIA Regulation is not restricted 1 EC Regulation 2201/2003 concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility, repealing Regulation 1347/2000; [2003] OJ L338/1. The Brussels IIA Regulation became applicable in the twenty-four Member States other than Denmark on 1st March 2005; see Recitals 30–31 and Articles 2(3) and 72. For transitional provisions, see Article 64. By Article 71, the Brussels II Regulation is repealed as from the date of application of the Brussels IIA Regulation. Provisions ancillary to the Brussels IIA Regulation have been made in England by the European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001 (SI 2001/310), and the European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265); and in Scotland by the European Communities (Matrimonial Jurisdiction and Judgments) (Scotland) Regulations 2001 (SSI 2001/36), and the European Communities (Matrimonial and Parental Responsibility Jurisdiction and...

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