New EU rules on child custody

In a bid to stamp out cross border custody battles, Brussels has unveiled new plans to ensure court rulings on access in one member state are upheld in others.

The ‘New Brussels II Regulation’ aims to improve the situation of children following the separation of their parents when they live in different member states.

The legislation also aims to combat parental child abduction in the EU, says the commission, and is a “milestone” in the creation of a common judicial area in family law.

Outlining the proposals, Justice Commissioner Franco Frattini said that the new law ensures that, “decisions taken by a court in one member state should be fully and automatically recognised in all courts of the EU”.

The law provides that a decision on custody handed down by a court in one country must be upheld in another.

A parent who takes a child to another member state may not use the cover of the court of that member state to keep the child.

“The new rules on child abduction will ensure the prompt return of abducted children to their member state of origin,” said Frattini.

“The regulation will also reinforce the fundamental right of the child to maintain regular contacts with both parents by allowing judgement on visiting rights to circulate freely between member states,” he added.

The legislation which comes into force today (1 March) across all member states except Denmark extends the scope of a 2001 regulation.

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