Activites

• 2003/12/23 Final act published in Official Journal
  • Regulation 2003/2201
  • OJ L 338 23.12.2003, p. 0001-0029
• 2003/12/23 End of procedure in Parliament
• 2003/12/23 Act adopted by Council after consultation of Parliament
• #2314
• 2000/11/30 Council Meeting
  • X013 summary

    The Council held an in-depth discussion on questions of mutual enforcement as regards rights of access to children. The draft under consideration provides for a Regulation which excludes any checks by the courts in the requested State, in the case of judgments on the exercise of rights of access to the children of divorced or separated parents. During the debate, some delegations asked that the scope of the draft should be widened to cover all children for whom rights of access are exercised. At the end of this policy debate, the Council noted the Presidency's intention to present a new draft Regulation on the subject in the light of the positions taken by the delegations. It also outlined the strong feeling that the Council's deliberations should cover, simultaneously and in parallel: · the French initiative, which would be limited to judgments concerning the joint children of the spouses handed down at the time of divorce or separation in accordance with the Brussels II Regulation; · work on drawing up an instrument to cover all the children for whom rights of access exist and who are not covered by the instrument proposed by France. �

• 2000/11/17 Debate in Parliament
  • Debate in Parliament
  • T5-0527/2000 summary

    The Parliament voted unanimously to endorse the resolution drafted by Mrs Mary BANOTTI (EPP/ED, Ireland) that seeks to enforce the rights of access of parents to children, as a step towards ensuring the fundamental right of children to maintian contact with their parents'. A series of amendments were adopted which mirror the amendments tabled by the committee reponsible. (Please refer to the previous step in the legislative process). �

• 2000/10/23 Vote in committee, 1st reading/single reading
  • A5-0311/2000
• 2000/09/04 Committee referral announced in Parliament, 1st reading/single reading
• 2000/07/03 Legislative proposal published
  • 09735/2000 summary

    PURPOSE : to present an initiative of the French Republic on the mutual enforcement of judgments on rights of access to children. CONTENT : The Tampere European Council of October 1999 highlighted the need to establish a genuine European judicial area in which judgments relating to the rights of access in the case of children of separated or divorced couples would be directly enforceable in the Member States. This Regulation applies to any judgment given in a Member State in proceedings under the Brussels II Regulation granting rights of access to one parent to a child: -when these rights are to be exercised in the territory of a Member State other than that of the authorities that granted them and; -the child is under the age of 16 when the enforcement of the judgment is sought. In addition, there are provisions in the Regulation for the following: -a single procedure enabling suspension of enforcement in exceptional circumstances where it would risk the child's interests or where there is another irreconcilable judgment. -provisions to safeguard the rights of the parent with custody, so that the authorities of the Member State where the child is staying has powers to enforce the child's return. -the establishment of close cooperation between the central bodies responsible for implementing mutual administration and judicial assistance. These bodies are listed in an annex to the Regulation, and must be accessible to the parents concerned. The central bodies are to exchange information and use any means at their disposal under the internal law of their States to encourage voluntary exercise of rights of access or to guarantee enforcement of those rights through coercive means. -the United Kingdom, Ireland and Denmark are not bound by this Regulation.�

Documents

• Legislative proposal published: 09735/2000
• Committee report tabled for plenary, 1st reading/single reading: A5-0311/2000
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0527/2000
• Debate in Council: X013
• : Regulation 2003/2201
• : OJ L 338 23.12.2003, p. 0001-0029

History

(these mark the time of scraping, not the official date of the change)