THE REVISION OF BRUSSELS IIA REGULATION ON QUESTIONS OF PARENTAL RESPONSIBILITY AND CHILD ABDUCTION

Abstract

The growing mobility of citizens within the Union has led to an increasing number of families with an international dimension, notably families whose members are of different nationalities, live in different Member States or live in a Member State of which one or more of them are not nationals. According to Article 81 of the Treaty on the Functioning of the European Union, the Union adopts measures in the field of judicial cooperation in civil matters having cross-border implications. Where families break up, such cooperation is particularly necessary to give children a secure legal environment to maintain relations with persons who have parental responsibility over them and may live in another Member State.

Regulation No 1347/2000 laying down rules on jurisdiction, recognition and enforcement of judgments on divorce, separation and marriage annulment as well as judgments on parental responsibility for the children of both spouses was the first Union instrument adopted in the area of judicial cooperation in family law matters. This Regulation was repealed by Regulation No 2201/2003 (commonly known as the Brussels IIa Regulation). The Brussels IIa Regulation is the cornerstone of Union judicial cooperation in matrimonial matters and matters of parental responsibility. It applies since 1 March 2005 to all Member States except Denmark