20 Amendments of Emil RADEV related to 2016/0190(CNS)
Amendment 26 #
Proposal for a regulation
Recital 1
Recital 1
Amendment 48 #
Proposal for a regulation
Recital 18
Recital 18
(18) In exceptional cases, the authorities of the Member State of habitual residence of the child may not be the most appropriate authorities to deal with the case. In the best interests of the child, as an exception and under certain conditions, the authority having jurisdiction may transfer its jurisdiction in a specific case to an authority of another Member State if this authority is better placed to hear the case. However, in this case the agreement of the second authority should nofirst be allowed toobtained, since once it has accepted the case it cannot transfer jurisdiction to a third authority. .
Amendment 51 #
Proposal for a regulation
Recital 23
Recital 23
(23) Proceedings in matters of parental responsibility under this Regulation as well as return proceedings under the 1980 Hague Convention should respect the child’s right to express his or her views freely, and when assessing the child’s best interests, due weight should be given to those views. The hearing of the child in accordance with Article 24(1) of the Charter of Fundamental Rights of the European Union and Article 12 of the United Nations Convention on the Rights of the Child plays an important role in the application of this Regulation. This Regulation is however not intended to set out how to hear the child, for instance, whether the child is heard by the judge in person or by a specially trained expert reporting to the court afterwards, or whether the child is heard in the courtroom or in another place . It is essential that the hearing of the child provide all guarantees necessary to allow the emotional integrity and the best interests of the child to be protected and, for this reason, such hearings should involve the support of professional mediators along with psychologists and/or social workers and interpreters.
Amendment 76 #
Proposal for a regulation
Recital 42
Recital 42
(42) In specific cases in matters of parental responsibility which fall within the scope of this Regulation, Central Authorities should cooperate with each other in providing assistance to national authorities as well as to holders of parental responsibility. Such assistance should in particular include locating the child, either directly or through other competent authorities, where this is necessary for carrying out a request under this Regulation, and providing child-related information required for the purpose of proceedings. In cases where the jurisdiction is in a Member State other than the Member State of which the child is a national, the central authorities of the Member State with jurisdiction shall inform, without undue delay, the central authorities of the Member State of which the child is a national.
Amendment 80 #
Proposal for a regulation
Recital 46
Recital 46
(46) An authority of a Member State contemplating a decision on parental responsibility should be entitlobliged to requestire the communication of information relevant to the protection of the child from the authorities of another Member State if the best interests of the child so require. Depending on the circumstances, this may include information on proceedings and decisions concerning a parent or siblings of the child, or on the capacity of a parent or family to care for a child or to have access to the child. The nationality, economic and social situation or cultural and religious background of a parent should not be considered as determining elements when deciding on the capacity to care for a child.
Amendment 87 #
Proposal for a regulation
Recital 49
Recital 49
(49) Where an authority of a Member State has already given a decision in matters of parental responsibility or is contemplating such a decision and the implementation is to take place in another Member State, the authority mayust request that the authorities of that other Member State assist in the implementation of the decision. This should apply, for instance, to decisions granting supervised access to be exercised in a Member State other than the Member State where the authority ordering access is located or involving any other accompanying measures of the competent authorities in the Member State where the decision is to be implemented.
Amendment 89 #
Proposal for a regulation
Recital 50
Recital 50
(50) Where an authority of a Member State considers the placement of a child with family members, in a foster family or in an institution in another Member State, a consultation procedure through the Central Authorities of both Member States concerned should be carried out prior to the placement. The authority considering the placement should obtain the consent of the competent authority of the Member State in which the child should be placed before ordering the placement. As the placements are most often urgent measures required to remove a child from a situation which puts his or her best interests at risk, time is of the essence for such decisions. In order to speed up the consultation procedure, this Regulation therefore exhaustively establishes the requirements for the request and a time limit for the response from the Member State where the child should be placed. The conditions for granting or refusing consent, however, continue to be governed by the national law of the requested Member State.
Amendment 90 #
Proposal for a regulation
Recital 51
Recital 51
(51) Any long-term placement of a child abroad should be in accordance with Article 24(3) of the Charter of Fundamental Rights of the EU (right to maintain personal contact with parents) and with the provisions of the United Nations Convention on the Rights of the Child, notably Articles 8, 9 and 20. In particular, when considering solutions, due regard should be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background. In the case, in particular, of long-term placement, which is to say placement lasting more than three months, of a child abroad, the relevant authorities should always first consider the possibility of placing the child with relatives living in another country, if the child has established a relationship with those members of the family and if this is in the child’s best interests.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) the placement of the child with family members, in a foster family or in institutional care;
Amendment 119 #
Proposal for a regulation
Article 10 – paragraph 3 – point а
Article 10 – paragraph 3 – point а
(a) the child has a substantial connection with that Member State, in particular by virtue of the fact that one of the holders of parental responsibility isor close relatives of the child, with whom the child is in continuous contact, are habitually resident in that Member State or that the child is a national of that Member State; and
Amendment 121 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
In so far as the protection of the best interests of the child so requires, the authority having taken the protective measures shall inform the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter, either directly or through the Central Authority designated pursuant to Article 60. This authority shall ensure the equal treatment of the parents involved in the proceedings, including that they are thoroughly informed without delay about all the measures in question, in a language they fully understand.
Amendment 125 #
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) is the habitual residence of a holder of parental responsibility or of a close relative with whom the child is in continuous contact; or
Amendment 126 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
When exercising their jurisdiction under Section 2 of this Chapter, the authorities of the Member States shall ensure that a child who is capable of forming his or her own views is given the genuine and effective opportunity to express those views freely during the proceedings, in accordance with the relevant national procedural rules and with the provisions of Article 12 of the UN Convention on the Rights of the Child.
Amendment 176 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where a decision in matters of parental responsibility is contemplated, an authority of a Member State, if the situation of the child so requires, mayust request any authority of another Member State which has information relevant to the protection of the child to communicate such information.
Amendment 177 #
Proposal for a regulation
Article 64 – paragraph 2 a (new)
Article 64 – paragraph 2 a (new)
2а. Where matters of parental responsibility are under scrutiny, the central authority of the Member State where the child is habitually resident must inform, without undue delay, the central authority of the Member State of which the child or one of the child’s parents is a national on the existence of proceedings.
Amendment 178 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. An authority of a Member State mayust request the authorities of another Member State to assist in the implementation of decisions in matters of parental responsibility given under this Regulation, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contact on a regular basis.
Amendment 179 #
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. The authorities of a Member State where the child is not habitually resident shall, upon request of a personarent or family member residing in that Member State who isare seeking to obtain or to maintain access to the child, or upon request of a Central Authority of another Member State, gather information or evidence, and may make a finding, on the suitability of thatose persons to exercise access and on the conditions under which access should be exercised.
Amendment 186 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Where an authority having jurisdiction under this Regulation contemplates the placement of a child with family members, in institutional care or with a foster family in another Member State, it shall first obtain the consent of the competent authority in that other Member State. To that effect it shall, through the Central Authority of its own Member State, transmit to the Central Authority of the Member State where the child is to be placed a request for consent which includes a report on the child together with the reasons for the proposed placement or provision of care.
Amendment 187 #
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1а. Member States shall guarantee the parents and relatives of the child, regardless of their place of residence, right of regular access, except where this would jeopardise the well-being of the child.
Amendment 188 #
Proposal for a regulation
Article 65 – paragraph 4 – subparagraph 1 a (new)
Article 65 – paragraph 4 – subparagraph 1 a (new)
If the competent authority intends to send social workers to another Member State in order to determine whether a placement there is compatible with the well-being of the child, it shall inform the Member State concerned accordingly.