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Part III Jurisdiction, 5 Jurisdiction in Matters of Parental Responsibility—Chapter II, Section 2

From: European Private International Family Law: The Brussels IIb Regulation

Michael Wilderspin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

Subject(s):
Concepts of removal and retention — Protection of fundamental rights — Protective measures — Rights of custody — Family law — Children — Jurisdiction under the Brussels II Regulation

This chapter tackles the jurisdiction surrounding parental responsibility under the Brussels IIb Regulation. It mentions how the Regulation’s Chapter II, Section 2 underwent significant changes as the issue of child abduction has been moved to its chapter, while its special provision on retention of jurisdiction in the case of international child abduction remains. Article 7(1) is the cornerstone of the system of jurisdiction applicable in matters of parental responsibility concerning the criterion of proximity, which is subject to certain exceptions. Additionally, Article 21 provides for the right of the child to express their views. The chapter explains how Brussels IIb Regulation contains no rules on the designation of the law applicable in matters of parental responsibility, but all the Member States are Contracting Parties to the 1996 Child Protection Convention.

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