Cross-Border Proceedings in Family Law Matters before National Courts and CJEU
Feb 1, 2016 - May 31, 2018
In its Report of 15 April 2014, the Commission has identified a number of gaps and difficulties arising in the application of Regulation (EC) 2201/2003 (BIIaReg) concerning divorce and parental custody matters. The ‘rush to court’ arising from alternative nature of jurisdictional grounds, absence of the possibility to agree on the competent court and the confusion arising out of Article 6 are only some of drawbacks of the jurisdictional rules in matrimonial matters. Similarly, abundant case law of the Court of Justice of the European Union (CJEU) points to shortcomings of procedural framework of the Regulation in matters of parental responsibility. The supplementary provisions to the 1980 Hague Child Abduction Convention and the lack of a provision on a forum necessitatis can be mentioned as examples. The same holds true for provisions on the recognition and enforcement of decisions, especially those rendered in matters of parental responsibility.
This project will identify the best practices and provide for guidelines in the application of the BIIaReg. Additionally, it will provide suggestions how to overcome these shortcomings and what role party autonomy can play within that framework.
This research is conducted by the T.M.C. Asser Instituut in cooperation with Utrecht University, International Legal Institute, Ghent University, and the University of Valencia. The project is funded by the European Commission, DG Justice.