Cross-Border Divorce And Child Custody: What To Do?

Every Country has different laws in matters of child custody in case of cross-border divorce.

More in detail, national laws regulate the following issues:

Child custody; Joint or sole custody; Decision-making powers over the child's education; Administration of the child's properties. Despite different regulations, all EU-Countries recognize the child's right to a personal and direct contact with both parents, even though living in different countries.

Because of this right, in cases of divorce or separation it must be determined in advance where and with whom the child will reside, whether with one parent or with both parents, where they may alternate custody.

The above decision may either be the subject of a consensual agreement or left over to the Judge.

With parents living in different countries, jurisdiction on parental responsibility is vested in the Courts of the Member State where the child is habitually resident at the time of application for child custody.

The judgement given in any Member State will be recognized in all EU-Countries, without the need of further proceedings. Recognition of the judgement may be denied in the following cases:

in case the judgement is contrary to public order; in case the defendant did not have notice of the proceedings in time to prepare his/her defense; in case the judgement is incompatible with another judgement involving the same parties. In matters of parental responsibility recognition of the judgement can be denied also in the following cases:

where the child has not been given the opportunity to be heard; on the request of any person claiming that the judgement infringes his/her parental responsibility. In case of disputes in matters of right of access to children which have moved to another country, the Courts of the Member State where the child was habitually resident retain jurisdiction for three months following the move.

Cross-Border Divorce and Child Custody: Jurisdiction and applicable Law

Brussels II Regulation (EC) No. 2201/2003 is a European Regulation on jurisdiction and enforcement of judgements in matrimonial and parental responsibility matters, as well as in matters of child abduction within the European Union. It applies to all Member States, with the exception of Denmark.

The Regulation determines the jurisdictional criteria which apply to the above mentioned subjects.

In accordance with the same Regulation, jurisdiction is vested in the Courts of the Member State where the...