The Economist focusing on International Child Abduction

Both the on-line and the printed issue of The Economist (February,18th 2017), devote a long and well-argued article to the increasing plague of International Child Abduction. Multi-national families are often facing hard battles to avoid (in the best cases) or to manage (more often) dramatic break up. Kate Baggott and her two children live in … Continue reading The Economist focusing on International Child Abduction

The Grand Chamber of the European Court of Human Rights decides in the Paradiso Campanelli case: there was no violation of article 8

On the 27 of January the Grand Chamber of the European Court of Human Rights in Strasbourg rendered the FINAL DECISION on the sensitive issue of surrogate motherhood, examining the case of the Italian spouses Paradiso and Campanelli. The facts are well known: In 2011 the Italian couple went to Russia in order to have a … Continue reading The Grand Chamber of the European Court of Human Rights decides in the Paradiso Campanelli case: there was no violation of article 8

Italy: Enacted the new Statute on civil Unions

Last week (on January 27) the Official Gazette of Italian Law has published the final version of a Legislative Decree (D.Lgs. 19 gennaio 2017, n. 7) which finally provides the international law rules for the regulation of civil unions. This decree makes some important changes to the Italian act on private international law (L. 31 maggio … Continue reading Italy: Enacted the new Statute on civil Unions

Pakistan – Hague Child Abduction Convention ratified by Pakistan Government

After Turkey (see article), also Pakistan has finally joined the 1980 Hague Convention on Civil Aspects of International Child Abduction, becoming the 96th Contracting State to the Convention. The historical decision was taken by the Government during the cabinet meeting held in Islamabad on November 23, 2016 and ratified a month later (on December 22, … Continue reading Pakistan – Hague Child Abduction Convention ratified by Pakistan Government

Some pictures of the meeting held in Milan last November

On November 28 and 29, 2016 the University of Milano-Bicocca hosted a meeting of the staff working on the “EU Judiciary Training on Brussels IIa Regulation: From South to East” project. The meeting was devoted to settle on some organizational issues in regard of final training and to discuss the draft of works and some … Continue reading Some pictures of the meeting held in Milan last November

Lithuania – The Supreme Court rules on habitual residence and conditions for prorogation

Summary of the Decision of 20 October 2016, the Supreme Court of Lithuania (case No 3K-3-426/2016) In its recent decision of 20 October 2016, the Supreme Court of Lithuania gave its opinion on two important issues linked to the interpretation of the Brussels II bis regulation. Firstly, it rebutted the arguments typically used by Lithuanians … Continue reading Lithuania – The Supreme Court rules on habitual residence and conditions for prorogation

Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters

The Italian Supreme Court (Corte Suprema di Cassazione, Sezione Prima Civile), with a decision published on the 1st of December (n. 24542/2016), has determined that the foreign judgment on divorce should be recognized in Italy although it hangs a separation procedure. In particular, this occurs when the foreign law does not provide for the institute … Continue reading Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters

ECHR “Casarrubios” on the Hearing of the Child: age and maturity are not the only factors to be taken into account

Hearing of the Child: age and maturity are not the only factors to be taken into account, but refusal to hear the child who wants to be heard must be well reasoned On ECtHR Casarrubios et Cantalapiedra Iglesias v. Espagne of 11 October 2016 The ECtHR had a recent occasion to further clarify the relevance … Continue reading ECHR “Casarrubios” on the Hearing of the Child: age and maturity are not the only factors to be taken into account

Italy – Best interests of the child: presentation of new book at BookCity Milano

Next week the city of Milan will host Bookcity Milano 2016, an important event about publishing, books, and culture in general: a four days marathon of conferences, presentations and other interesting initiatives on communication and digital media (see official website Bookcitymilano.it for more details and the complete program). On Sunday (November 20), upon the anniversary … Continue reading Italy – Best interests of the child: presentation of new book at BookCity Milano

Spain – On the use of mediation for the enforcement of a return order of children in a child abduction case

The decision of the Provincial Court (Audiencia Provincial) of Barcelona nº 573/2013 of 1 October 2013, though rendered some years ago, outstands as it considers the use of mediation in the enforcement of a child return order in a child abduction case. The facts were as follows: a couple, having two children, was habitually resident … Continue reading Spain – On the use of mediation for the enforcement of a return order of children in a child abduction case

Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

It is the first time ever that the issue of marriage annulment is the subject of a ruling of the European Court of Justice. The facts of the case are however more complex than this limited issue. On 20 November 2012, Mrs. Mikołajczyk (a daughter) brought an action before the Regional Court of Warsaw, Poland, … Continue reading Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

THE CORRECT APPLICATION OF EU CHARTER OF FUNDAMENTAL RIGHTS: CONFERENCE IN FLORENCE

The Law Department of the University of Florence organizes on this coming Friday (October 28, 2016) a full day conference dedicated to new instruments to promote the correct application of the European Union Charter of Fundamental Rights (original Italian title: “Nuovi strumenti per promuovere la corretta applicazione della Carta dei diritti fondamentali dell’Unione Europea”). The event will be divided … Continue reading THE CORRECT APPLICATION OF EU CHARTER OF FUNDAMENTAL RIGHTS: CONFERENCE IN FLORENCE

EFFECTS OF THE REFUSAL TO REGISTER IN THE ITALIAN PUBLIC REGISTER OF A FOREIGN DECISION ON DIVORCE

A recent decision of the Milan Tribunal rejecting the application for amendment of a settlement in a divorce proceeding held in an non-EU State is the subject of an interesting article (in Italian) by Sara Bernasconi, Sulla domanda di modifica di sentenza straniere di divorzio di cui è stata rifiutata la trascrizione, published in “Famiglia … Continue reading EFFECTS OF THE REFUSAL TO REGISTER IN THE ITALIAN PUBLIC REGISTER OF A FOREIGN DECISION ON DIVORCE

THE 1996 AND 2007 HAGUE CONVENTIONS SIGNED BY TURKISH GOVERNMENT

Last July the news that the Turkish government had decided to suspend the European Convention on Human Rights had raised serious concerns about an authoritarian drift of policy (see article on The Telegraph).   Last week came a rather more encouraging news. In fact, as confirmed by the official HCCH.net website, On 7 October 2016 … Continue reading THE 1996 AND 2007 HAGUE CONVENTIONS SIGNED BY TURKISH GOVERNMENT

JURISDICTION ON DIVORCE AND SEPARATION PROCEEDINGS DOES NOT ALWAYS IMPLY JURISDICTION ON CUSTODY OF THE CHILD WHO IS RESIDENT ABROAD

«When separation proceedings are taking place in a Member State other than where the child is not habitually resident, the best interests of the child and the proximity criterion, as provided by whereas 12 and 13 of Brussels II a Regulation, require a separate assessment of the two issues and not to give jurisdiction on … Continue reading JURISDICTION ON DIVORCE AND SEPARATION PROCEEDINGS DOES NOT ALWAYS IMPLY JURISDICTION ON CUSTODY OF THE CHILD WHO IS RESIDENT ABROAD

BRUSSELS II RECAST PROPOSAL CLARIFIES THE RULES ON CROSS-BORDER PLACEMENT ON CHILDREN

The recast proposal of 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 (hereafter, “the Proposal”) was published on 30 June 2016 by the European Commission, containing, among others, a clarification of the … Continue reading BRUSSELS II RECAST PROPOSAL CLARIFIES THE RULES ON CROSS-BORDER PLACEMENT ON CHILDREN

THE HAGUE INTERNATIONAL OPEN DAY: LEARNING MORE BY VISITING INTERNATIONAL INSTITUTIONS

This current week (from 21 to 25 September) The Hague in the Netherlands is hosting the Just Peace Festival 2016, an international event organized by Stichting The Hague UNited for Peace & Justice (in collaboration with several partners, such as UNICEF, HCCH Haagse Conferentie Voor Internationaal Privaatrech, International Criminal Court, International Court of Justice) to … Continue reading THE HAGUE INTERNATIONAL OPEN DAY: LEARNING MORE BY VISITING INTERNATIONAL INSTITUTIONS

ADVOCATE GENERAL WATHELET ON CONDITIONS FOR TRANSFER OF PROCEEDINGS UNDER ARTICLE 15

In June 2016 the Advocate General Melchior Wathelet issued his opinion in Child and Family Agency (CAFA) v. J. D. (Case C‑428/15) – a case concerning Article 15 of Brussels II bis Regulation. In this opinion, the Advocate General suggested how conditions for the transfer of proceedings under Article 15 of the Brussels II bis … Continue reading ADVOCATE GENERAL WATHELET ON CONDITIONS FOR TRANSFER OF PROCEEDINGS UNDER ARTICLE 15

The ECHR confirms discretion of States to refuse marriage to same-sex couples

“The State must provide for rights and legal recognition for same-sex couples, but is not forced to extend the marriage to these couples”. Such statement was made by the European Court of Human Rights in the recent decision Chapin and Charpentier vs. France, handed down on 9 June 2016 (affaire CHAPIN v. FRANCE, Requête no 40183/07). … Continue reading The ECHR confirms discretion of States to refuse marriage to same-sex couples

RIDOC 2016: Rijeka Doctoral Conference

Rijeka Doctoral Conference is intended for doctoral candidates who wish to present and test their preliminary research findings before academics and practicing lawyers, as well as to discuss these findings with their peers. It is limited to topics of law or closely related to law, including of course European family law. RIDOC 2016 will be … Continue reading RIDOC 2016: Rijeka Doctoral Conference

HIGHLIGHTS AND PICTURES FROM THE JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY (Milano, 17 June 2016)

As we announced in a previous post, on last June 17th the Bicocca University of Milano hosted a Judicial Training on divorce and parental responsibility, which was part of the program “EU Judiciary Training on Brussels IIa Regulation: From South to East”, co-funded by the Justice Programme of the European Union.  The event program included … Continue reading HIGHLIGHTS AND PICTURES FROM THE JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY (Milano, 17 June 2016)

Rijeka, 29 April 2016: TESTING TRAINING SESSION IN CROATIA

The first testing training session organised as a part of the project EU Judiciary Training on Brussels IIa Regulation: From South to East headed “Divorce and Parental responsibility under the Brussels II bis Regulation” took place at the Faculty of Law University of Rijeka on 29 April 2016. 27 participants attended the training, among which … Continue reading Rijeka, 29 April 2016: TESTING TRAINING SESSION IN CROATIA

Milan, 17 June 2016: JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY UNDER THE BRUSSELS II BIS REGULATION

  The University of Milano-Bicocca will host on 17 June 2016 a Judicial Training on divorce and parental responsibility, part of the program “EU Judiciary Training on Brussels IIa Regulation: From South to East”, co-funded by the Justice Programme of the European Union. Training is achieved through discussion of real cases – drawn from ECJ … Continue reading Milan, 17 June 2016: JUDICIAL TRAINING ON DIVORCE AND PARENTAL RESPONSIBILITY UNDER THE BRUSSELS II BIS REGULATION

CJEU CASE LAW

Below you can find all the decisions of the Court of Justice on the Brussels IIa Regulation. These judgments resolve disputes concerning jurisdiction, recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. They are grouped by themes and articles. The team is committed to regularly update this section. Scope and Definitions Jurisdiction … Continue reading CJEU CASE LAW

CJEU case law on CHILD ABDUCTION

Below you can find all the decisions of the Court of Justice onChild Abduction and Child’s Habitual Residence. Child Abduction Habitual Residence

CJEU case law on JURISDICTION

Below you can find all the decisions of the Court of Justice on Jurisdiction in divorce and prorogation of jurisdiction. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 7.   EU:C:2007:740 29/11/2007 Sundelind Lopez, C-68/07   Arts. 3 6 7 Jurisdiction in divorce proceedings Respondent not a national or a resident of a … Continue reading CJEU case law on JURISDICTION

CJEU case law on RECOGNITION and ENFORCEMENT of judgments

Below you can find all the decisions of the Court of Justice on Recognition and Enforcement of Judgments. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 23. EU:C:2008:406 11/7/2008 Rinau, C-195/08 PPU Arts. 11 (8) 31 (1) 40 42 Application for non‑recognition of a decision requiring the return of a child wrongfully retained … Continue reading CJEU case law on RECOGNITION and ENFORCEMENT of judgments

CJEU case law on LIS PENDENS and PROVISIONAL MEASURES

Below you can find all the decisions of the Court of Justice on Lis pendens and Provisional measures No. ECLI identifier Name Arts. Key terms Operative part of the judgment 19. EU:C:2015:654 6/10/2015 A v. B C-489/14 Arts. 16 19 (1) 19 (3) Lis pendens between judicial separation proceedings and divorce proceedings in a second … Continue reading CJEU case law on LIS PENDENS and PROVISIONAL MEASURES

CJEU case law – SCOPE and DEFINITIONS

Below you can find all the decisions of the Court of Justice on Scope and definitions. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 1. EU:C:2007:714 27/11/2007 C, C-435/06 Art. 1 (1) Definition of civil matters Decision concerning the taking into care and placement of children outside the family home 1. … Continue reading CJEU case law – SCOPE and DEFINITIONS

May 9, 2016 – Testing the training content working session in Barcelona: Dealing with child abduction cases in EU
April 29, 2016 – Testing the training content working session in Rijeka: Divorce and Parental Responsibility
A LESSON WITH NIGEL LOWE ON THE 1996 HAGUE CONVENTION ON THE PROTECTION OF MINOR

Nigel Lowe, Emeritus Professor at Cardiff University, held a lecture on 5 May 2016 at the University of Milan-Bicocca on the 1996 Hague Child Protection Convention and its relationships with the Brussels II Regulation – a current topic in the Italian legal system, due to the entry into force of the 1996 Convention on 1 … Continue reading A LESSON WITH NIGEL LOWE ON THE 1996 HAGUE CONVENTION ON THE PROTECTION OF MINOR

Rijeka training program

Dear all, you will find attached the detailed program of the upcoming Rijeka’s training. Programme

CJEU – Judgments

The CJEU case law on the Brussels II bis Regulation   No ECLI identifier Name of the case and number in the register Interpreted instrument and relevant provision(s) Key terms Operative part of the judgment 1.               EU:C:2007:714 C, C-435/06 Art. 1(1) of the Brussels II bis Regulation Judicial cooperation in civil matters – Jurisdiction, … Continue reading CJEU – Judgments

Abduction Cases – Jurisdiction

Generally the courts of the child’s former habitual residence retain jurisdiction although the child is no longer physically present in this jurisdiction, if the child is wrongfully removed or retained, particularly after visiting a person having a right of access. Per Article 10 Council Regulation (EC) No 2201/ 2003. “In case of wrongful removal or … Continue reading Abduction Cases – Jurisdiction

Abduction cases – Recognition and Enforcement of Judgments

An important innovation introduced by this Regulation is the abolition of exequatur, or the filing of a request in a domestic court to declare a foreign judgment enforceable. As a result, the rights of access granted in a judgment are recognized and enforceable automatically in another Member State, provided that the judge who decided on … Continue reading Abduction cases – Recognition and Enforcement of Judgments

Abduction cases – Cooperation among authorities

The Regulation creates a system of co-operation between Central Authorities of the member states. These authorities are obliged to facilitate communications between the courts of the relevant countries and must facilitate agreements between parents through mediation or other means. Each Member State shall designate at least one central authority to assist with the application of … Continue reading Abduction cases – Cooperation among authorities

Divorce and parental responsibility – Jurisdiction

  The Regulation establishes a general jurisdiction rule based on the habitual residence of the child to ensure a real link between the child and the Member State exercising jurisdiction. Per Article 8 Council Regulation (EC) No. 2201/2003- “The courts of a Member State shall have jurisdiction in matters of parental responsibility over a child … Continue reading Divorce and parental responsibility – Jurisdiction

Divorce and parental responsibility – Divorce

  The Regulation establishes a general jurisdiction found in Article 3 in matters relating to “legal separation” and “marriage annulment”. A court in a member state has jurisdiction to entertain an action for divorce, separation, or nullity where: Both spouses are habitually resident there; Both spouses were last habitually resident, and one still resides there; … Continue reading Divorce and parental responsibility – Divorce

Divorce and parental responsibility – Applicable law

The situation becomes more complicated when determining the applicable law, as the Regulation does not directly deal with conflict of laws, as it does not contain rules to determine which law applies to cross-border disputes. The general assumption is that in exercising their jurisdiction the authorities of the Contracting States shall apply their own law. … Continue reading Divorce and parental responsibility – Applicable law

Divorce and parental responsibility – Recognition and Enforcement of Judgments

Under the Regulation, any EU country must automatically recognise judgements given in another EU country on parental responsibility matters. A judgment on the exercise of parental responsibility enforceable in the EU country where it was issued can be enforced in another EU country when it has been declared enforceable there at the request of any … Continue reading Divorce and parental responsibility – Recognition and Enforcement of Judgments

Divorce and parental responsibility – Cooperation among authorities

The Regulation creates a system of co-operation between central authorities of the member states. These authorities are obliged to facilitate communications between the courts of the relevant countries and must facilitate agreements between parents through mediation or other means. Per Article 53 Designation : “Each Member State shall designate one or more central authorities to … Continue reading Divorce and parental responsibility – Cooperation among authorities

Divorce and Parental Responsibility

Materials on Jurisdiction in Divorce and Parental Responsibility Read More »

International Abduction of Children

Materials on Jurisdiction in International Abduction of Children Read More »