Brussels II-ter Regulation for Rotterdammers

Brussels II-ter Regulation in Rotterdam

The Brussels II-ter Regulation is an EU regulation that provides guidelines for jurisdiction, recognition, and enforcement of family law judgments, such as in divorces and parental responsibilities, across the entire European Union. For residents of Rotterdam, this regulation ensures a consistent approach to international family disputes, with a particular focus on preventing child abduction and protecting children's rights in a multicultural port city like Rotterdam.

What Does the Brussels II-ter Regulation Mean for Rotterdam?

Officially known as Regulation (EU) 2019/1111, this Brussels II-ter Regulation updates the previous Brussels IIa version and has been in effect since August 1, 2022. It determines which courts in EU countries have jurisdiction over marriage and parental matters. For Rotterdammers with an international background, such as in a divorce involving a partner from another EU country like Belgium or Germany, this is essential. The rules apply in all EU countries except Denmark and prevent 'forum shopping,' where parties seek a favorable court. In Rotterdam, with its diverse population, this helps navigate cross-border family law issues.

At its core is child protection. Strict provisions prohibit moving children across borders to evade court proceedings. This aligns with the 1980 Hague Convention on Child Abduction but is tailored to EU-specific situations, which is relevant for families in areas like Rotterdam-Zuid or the port districts.

Legal Basis in Rotterdam

As directly applicable EU legislation, the Brussels II-ter Regulation applies fully in the Netherlands, including Rotterdam. Key articles include:

• Articles 1 to 3: Outline the scope, covering divorces, legal separations, and parental matters (custody, residence, and contact rights).
• Articles 5 to 18: Establish jurisdiction, emphasizing the child's habitual residence.
• Articles 19 to 39: Govern recognition and enforcement of decisions, with a simplified procedure that eliminates the need for exequatur (no separate recognition required).
• Articles 40 to 55: Address child abduction, including rules for prompt return and the child's right to be heard.

In Rotterdam, this is implemented through the Private International Law (Family Law) Act and falls under the jurisdiction of the Rotterdam District Court and the Child Protection Board. Rotterdammers can seek advice from the Legal Aid Desk in Rotterdam. For more on international divorces, check our article on international divorce.

Scope for Rotterdammers

This regulation applies to EU matters with an international element, including:

• Divorces or dissolution of partnerships where parties live in different EU countries, such as a Rotterdammer with a partner in Antwerp.
• Disputes over the residence or parental authority of children under 18.
• Cross-border child abduction, for example, if one parent takes the child to another EU country without permission.

It does not cover inheritance or maintenance (for which Brussels I or Rome III apply). For non-EU countries, we use bilateral agreements or the Hague Conventions. In Rotterdam, with its many expats through the port, this is highly relevant.

Jurisdiction in Family Law for Rotterdam

The competent court depends on the habitual residence of the child (Article 8). If the child lives in Rotterdam, the Rotterdam District Court has jurisdiction, regardless of where the parents reside. Exceptions include:

• Prorogation (Article 12): Parties can jointly designate another court.
• Residual jurisdiction (Article 18): If no other options exist, the court of the parties' nationality may rule.

This system prevents manipulation through child relocation. In practice, the Rotterdam District Court can issue a ruling for a child who recently lived in Rotterdam, even if the child is now in a neighboring EU country.

Recognition and Enforcement in Rotterdam

Judgments from one EU country are automatically recognized in others (Article 40), without additional steps. For enforcement in Rotterdam, a simple request to the bailiff or the Rotterdam District Court is sufficient. Key updates in the ter version:

• Accelerated procedures: Decisions in child abduction cases within 6 weeks.
• Child's right to be heard (Article 28): Children from age 8 (or earlier if appropriate) must be heard, in person or via video link.

A comparison with the previous Brussels IIa:

Practical Examples for Rotterdammers

Consider a couple from Rotterdam with Belgian roots going through a divorce. The mother stays with the children in Rotterdam-Feijenoord, while the father moves to Brussels. The Rotterdam District Court handles the parental arrangements under the Brussels II-ter Regulation. A ruling on residence is directly enforceable in Belgium through the local youth court there.

Or: A Rotterdam parent secretly moves the child to Germany to force a better arrangement. The Rotterdam District Court can order immediate return, which is enforced in Germany. In 2022, the Netherlands recorded around 150 such cross-border cases, with Rotterdam as a hotspot due to its international connections. For assistance, contact the Legal Aid Desk in Rotterdam or the Municipality of Rotterdam for local support.