Today we share with our readers a new regulation that will be very useful for international families, in which its members have different nationalities within the European Union.
The Official Journal of the European Union (OJEU) has published a new Regulation that will prevent discordant decisions between countries on matters of divorce and parental responsibility or par ental authority between citizens of different European Union States.
It is a text that builds on the measures already adopted by Europe in 2003 in this regard, improving some points and focusing on new areas of interest, such as the hearing of minors and the regulation of jurisdiction in cases of child abduction. The new Regulation replaces the previous one, making it more nuanced and adapting it to the needs of European couples. It will come into force on August 1, 2022, in order for the regulations of the Twenty-Eight to be adapted to the new legal requirements. If you need help in an international family case, contact our lawyers.
The problem: settlement of cross-border family cases in the EU “could be improved.”
The free movement of citizens in Europe has brought with it an increase in the number of international families, that is, those in which its members have different nationalities, both inside and outside the EU.
In the case of European couples, it has become necessary to create rules that regulate how to act judicially in the event of having to resolve family law disputes (divorce, separation, custody, child abduction, etc.). The doubts usually refer to the country in which the case should be judged, as well as the cross-border effect of any decision in this regard.
In this framework, the origin of this new Regulation is to be found in a European Commission report made public in April 2014.
In it, it was revealed that, as regards the application of Council Regulation (EC) No. 2201/2003 (a similar rule to the one just published, which was made public in 2003), This text was “working well and had brought significant benefits to citizens”.
However, the report stated that “the existing rules could be improved”. “Since several amendments are to be made to that Regulation, it should be recast in the interests of clarity”.
In particular, the European Commission considers that the rights of persons, in particular minors, in judicial proceedings should be strengthened in order to facilitate cooperation between judicial and administrative authorities and the enforcement of family law decisions with cross-border implications. There was also a need to strengthen the mutual recognition of decisions in civil matters, to simplify access to justice and to improve the exchange of information between the authorities of the Member States.
The solution: a new Regulation for cross-border family cases in the EU
The new Regulation establishes uniform rules of jurisdiction relating to divorce, legal separation and marriage annulment, as well as to disputes on parental responsibility with an international element. It facilitates the circulation within the Union of judgments, authentic instruments and certain agreements by laying down provisions relating to their recognition and enforcement in other Member States.
It also clarifies the child’s right to be given the opportunity to express his or her views in proceedings concerning him or her, and contains provisions supplementing the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction as regards relations between Member States.
The new Regulation should therefore “contribute to strengthening legal certainty and increasing flexibility, and to ensuring better access to and efficiency of judicial proceedings”. Thus, with the new text… – Family disputes on parental responsibility in marriages between citizens of different EU States will have a harmonized regulation on the jurisdiction of the courts in order to avoid the current disputes arising from the fact that each of the parents wants to take the proceedings to his or her country of origin or residence.
– In order to increase the effectiveness of choice of court agreements (of national jurisdiction), the Regulation itself seeks not to become an obstacle when the parents agree, by common consent, to the exclusive jurisdiction of the courts of a Member State. – Uniform rules of jurisdiction are established for divorce, legal separation and marriage annulment . – The rule also facilitates the circulation within the Union of judgments, authentic instruments and certain agreements by laying down provisions for their recognition and enforcement in other Member States.
– In all cases involving children, and in particular in international child abduction cases, the courts must consider the possibility of reaching a solution through mediation or other appropriate means, with the help, where appropriate, of existing networks and support structures for mediation in cross-border disputes concerning parental responsibility.
– The new regulation ensures thatchildren who are capable of forming their own views have the opportunity to express their views in all proceedings affecting them . This will apply in particular to proceedings concerning custody and access rights and the return of children in the event of parental abduction. In short, this legislative text harmonizes the different legal regimes of the Community States so that they are compatible, in order to minimize complications, delays, anguish and uncertainty for minors in cases of litigation.
