EU Private International Law

EU Private International Law

Second Edition

Elgar European Law series

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.

Chapter 17: Parental responsibility

Peter Stone

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


INTRODUCTION The Brussels IIA Regulation Within the European Union, proceedings and orders concerning parental responsibility for children (as well as matrimonial proceedings and decrees)1 are now governed by EC Regulation 2201/2003, which may conveniently be referred to as the Brussels IIA Regulation.2 The Regulation deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law. The Brussels IIA Regulation became applicable on 1st March 20053 in the twenty-four then Member States other than Denmark,4 and on 1st January 2007 in Bulgaria and Romania.5 It has replaced EC Regulation 1347/2000, commonly known as the Brussels II Regulation,6 which is repealed as from the date of application of the Brussels IIA Regulation.7 The Brussels II Regulation had entered into force on 1st March 2001 for the fourteen then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.8 In contrast, the On matrimonial proceedings and decrees, see Chapter 16 above. 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. Provisions ancillary to the Brussels IIA Regulation have been made in England by the European Communities...

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