MARGINALIA TO THE (INTERNATIONAL) JURISDICTION IN THE MATTERS OF PARENTAL RESPONSIBILITY

Abstract

The criteria of the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (hereinafter: Regulation) concerning the jurisdiction in the matters of parental responsibility differ from the criteria adopted in domestic law. First, this applies to situations in which the ancillary matters relating to parental responsibility are connected with the divorce proceedings. The specificities of these proceedings of domestic law are also peaceful resolution mechanisms. The peaceful resolution mechanisms should precede the seising of a court, which opens the question of the definition of “seising of a court” in the system of the jurisdiction established by the Regulation. The aim of this paper is to analyse the rules of the (international) jurisdiction for the ancillary proceedings on parental responsibility. The practical issues that arise from the implementation of the Regulation are also discussed. At the time of writing, the Proposal for a recast of the Regulation was published, in which certain interventions in the system of jurisdiction in the matters of parental responsibility are made. The procedural consequences of the revised rules on jurisdiction in the matters of parental responsibility are also analysed in this paper.