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Petition to the European Parliament - Brussels on 19th March 2014 - Petition Committee

Fathers Petition Speech


Families Need Fathers - FNF Additional Comment on Enforcement in UK
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Full Hearing on Video


Public consultation on the functioning of Council Regulation (EC) No 2201/2003
concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and
the matters of parental responsibility, repealing regulation (EC) No 1347/2000 ("Brussels IIa Regulation")

Until: 18th June 2014 - All citizens, organisations and public authorities are welcome to contribute to this consultation
Link to the Webpage of the European Commission


Reports

Cross-border exercise of visiting rights
Summary: The right of access is a key aspect of the basic right of contact between parents and children. The inadequacy, in many cases, of relevant means
of enforcement throws up major problems with regard to cross-border rights of access in particular. Multilateral conventions are concerned
primarily with the recognition and efficient implementation of decisions by national courts. The EU considers that it needs to enact its own legislation
in the realm of family and succession law, as elsewhere: legislation which, in its field of application, will supersede the multilateral conventions.
As well as being concerned with the recognition of decisions, this legislation should place more emphasis on the establishment of
international institutions and machinery to assist in negotiating and making arrangements for cross-border visiting rights.
Year 2010
AUTHOR: Dr Gabriela Thoma-Twaroch, President of Josefstadt District Court, 1082 Vienna Prepared for European Parliament Policy Department C: Citizens’ Rights and Constitutional Affairs
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The parental responsibility, child custody and visitation rights in cross-border separations
Divorces or separations classed as "cross-border" (parents of different nationalities or leaving in different Member States) lead to very
complicated legal situations, notably regarding the relationship between the parents and the children of these former couples.
An in-depth analysis of the national situations has been conducted in 6 Member States (France, Germany, Spain, UK, Sweden and Poland). In
order to comprehend the breadth and types of problems connected to a cross-border separation of parents, various series of information has
been collected and analysed for each of these Member States: available statistical data, international and European legal frameworks; national
legislations and practices essentially linked to parental responsibility. Even though progress has been made thanks to the quoted legal
instruments, notably the Regulation Brussels IIa, some difficulties of interpretation and implementation together with some gaps have been
identified. Several actions may be recommended to enable cross-border separation in the European Union to be dealt more efficiently, notably in
terms of mediation and international judicial cooperation
Year: 2010
AUTHOR: Institut suisse de droit comparé (ISDC) Lausanne, Suisse Prepared for European Parliament: Policy Department C - Citizens' Rights and Constitutional Affairs
EN FR

Interpretation of the Public Policy Exception as referred to in EU Instruments of Private International and Procedural Law
Summary: This study, authored by Prof. Burkhard Hess and Prof. Thomas Pfeiffer, Heidelberg University, provides for a comprehensive
analysis of the interpretation of the public policy exception in EU instruments. The assessment is based both on statistical data and the
experience of stakeholders. Encompassing the relevant case-law of the ECJ as well as
of civil courts in 23 EU Member States, the study evaluates the practical relevance as well as the content and
scope of the public policy clauses. In practice, public policy is often invoked, but seldom applied. In
procedural law, the difference between substantive and procedural public policy is recognised and the procedural public policy is much more often
invoked and applied than substantial public policy. The content of the clause is determined by the fundamental guarantees of Articles 6 ECHR
and 47 ChFR. In addition, there is a trend in the case-law that procedural irregularities must be remedied in the Member State of origin
Year: 2011
AUTHORS: Prof. Dr. Burkhard Hess, Prof. Dr. Thomas Pfeiffer Supported by Meike Bever Ruprecht-Karls-Universität Heidelberg
Institut für ausländisches und internationals Privat- und Wirtschaftsrecht
DE EN FR


REPORT FROM THE EUROPEAN COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
on the application of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
Year: 2014
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