Commission Proposes EU-wide Recognition of Family Law Rulings to Tackle Child Abduction
3 May 2002

The European Commission today adopted a proposal to complete the legal framework for the mutual recognition of judgments on divorce and parental responsibility throughout the European Union. The aim of this Proposal is to discourage child abduction within the EU by establishing a mechanism for the return of abducted children through cooperation between the courts and authorities of the EU's Member States. The abduction of children in disputed custody cases across EU borders is a growing problem which causes appalling distress to the children and parents concerned.

"This proposal would extends the current rules to cover all children. Our aims is to create a deterrent to the growing problem of child abduction within the EU. The free circulation of judgments is particularly important in the family law area that touches directly on peoples' lives. Only by action at an EU level can we tackle this problem. I hope these measures will prevent hundreds of children from suffering distress and disruption in custody cases between parents from different EU countries", stated Commissioner for Justice and Home Affairs António Vitorino.

The Commission proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility adopted today gives concrete expression to the right of every child to maintain contact with both parents. This is particularly important as families in Europe break up and get recomposed with family members increasingly residing in different Member States. Hence the need arises for a complete and clear set of rules for determining the court having jurisdiction to issue a judgment on divorce and on parental responsibility and for ensuring that this judgment can be effectively enforced throughout the European Union.

The Proposal brings together Council Regulation (EC) No 1347/2000, the Commission proposal on parental responsibility presented in September 2001 and the French initiative on rights of access presented in July 2000. More specifically the Proposal:

• takes over the provisions on divorce of Council Regulation (EC) No 1347/2000 as they are;
• integrates into a complete system of rules on parental responsibility the provisions on parental responsibility of Council Regulation (EC) No 1347/2000, the Commission proposal on parental responsibility and the French initiative on rights of access;
• elaborates a solution for the return of the child in cases of child abduction, whereby the courts of the Member State of the child's habitual residence before the abduction keep jurisdiction to take the final decision. However, the courts of the Member State to which the child has been abducted may take a provisional protective measure not to return the child if this would put the child in danger.

Thus the Proposal builds on Council Regulation (EC) No 1347/2000 to complete the first stage of the program of mutual recognition in area 2 of the program of mutual recognition, the ultimate objective remaining the abolition of exequatur for all decisions. As a result, Council Regulation (EC) No 1347/2000 is repealed, its provisions having been taken over in their entirety in the Proposal.

Background
This Proposal is part of ongoing work within the EU for the creation of a genuine judicial area based on the principle of mutual recognition of judicial decisions.

In the family law area, Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (OJ 30.06.2000 L160/19) sets out 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 given on the same occasion.

Building on Council Regulation (EC) No 1347/2000 France presented on 3 July 2000 an initiative aimed at abolishing exequatur for the part of the decision on parental responsibility that concerns rights of access (OJ 15.08.2000 C 234/7). On 6 September 2001 the Commission presented a Proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility (OJ 27.11.2001 C 332/269). The Proposal extends the rules on recognition and enforcement of Council Regulation (EC) No 1347/2000 to all decisions on parental responsibility.

The discussions in the Council that followed pointed to the need to bring together into a single instrument the Commission proposal on parental responsibility and the French initiative on rights of access. Moreover, the informal meeting of the Justice and Home Affairs Ministers of 14-15 February 2002 opened the way for a solution to the difficult issue of the return of the child in cases of child abduction.

At the same time, the Commission has launched preparatory studies in areas 3 and 4 of the program of mutual recognition (matrimonial property regimes and property aspects in general, and wills and successions)..