Harmonization of Laws
- Elgar European Law series
Chapter 17: Parental Responsibility
17. Parental responsibility 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;  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 By Article 71, the Brussels II Regulation is repealed as from the date of application of the Brussels IIA Regulation.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...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.