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EU refuses to reform divorce forum jurisdiction, but 'speeds up' child abduction
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The European Union last week (30 June 2016) adopted the European Commission's proposals for reform of Brussels II the Brussels Regulation.
This is the primary EU family law legislation. It sets out divorce jurisdiction in all member states and provides forum criteria where more than one EU Member State is involved. It adds child abduction laws to the 1980 Hague Convention and it provides for the cross-EU border recognition of children orders and divorce orders.
The proposals will now be sent to the Council of the EU and a decision taken by unanimity. The European Parliament will be consulted.
The review of the operation of Brussels II has been underway for several years - and going very slowly. This note deals with the separate elements in Brussels II of divorce and children.
Proposals in respect of much-needed reform of divorce jurisdiction and forum criteria
There are none!
After a long consultation process involving experts judges policy advisers and practitioners across Europe and after an admission by the EU that the 'first to lodge' forum criteria was having adverse consequences no proposals have been made. This has apparently been met with...
Read the full article here.
