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 Recognition of decisions concerning custody of children within the European Union as well as protection from child abduction
(Council Regulation (EC) No. 2201/2003)
Judgments in matters of custody, parental responsibility as well access have to be recognized throughout the European Union. If therefore an Italian or French court makes a judgement concerning custody, this decision is also effective in Germany. The German court can no longer make a judgement about custody, parental responsibility or access since the matter has been already decided by a competent court in an EU-member state. Custody decisions made in one member state do not therefore require separate recognition by an authority in another member state. All this is regulated by Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility (Revised Brussels II Regulation).
The Regulation's provisions are intended to offer solutions to the problem of child abduction within the EC. According to the Regulation a court of the member state in which the child had his usual place of residence before being abducted must decide on the child's place of residence. Thus parents will no longer be tempted to resort to child abduction in order to bring the case before a judge of their own nationality in the hope of obtaining a different ruling. The courts of the member state to which the child has been taken may refuse the immediate return of the child only if the child would thus be exposed to serious danger, or if the age and maturity of the child allows him or her to decide against a return. The court has to make its judgement within six weeks. The final decision on where the child shall be resident rests, however, with the courts of the member state in which the child had his usual place of residence before the abduction. The child should be heard by the court unless this is inappropriate due to the child's age or lack of maturity. The Central Authorities have the role of supporting parents who have become victims of an abduction, of actively promoting mediation and of promoting communication between the courts.
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