Habitual Residence Jurisdiction Rechtbank Rotterdam

Habitual Residence Jurisdiction in Family Law for Residents of Rotterdam

The habitual residence jurisdiction determines which court, such as the Rechtbank Rotterdam, has authority over family law disputes like divorces and child arrangements, especially in international cases. This is the place where your life is sustainably centered. Based on the Brussels IIb Regulation, it prevents 'forum shopping' and provides certainty for Rotterdam residents.

What does habitual residence mean for you in Rotterdam?

Habitual residence (habitual residence) goes beyond your address in Rotterdam; it is where you effectively and permanently live. The European Court assesses based on facts: social ties, work in the port or city center, family connections. Duration of stay matters, but so does your intention to remain, for example, through registration with the Municipality of Rotterdam.

For children, the child's own habitual residence takes center stage, independent of the parents – crucial for cases at the Rechtbank Rotterdam.

Legal Basis

This jurisdiction stems from Regulation (EU) 2019/1111 (Brussels IIb), in force since 1 August 2022 in the EU (excluding Denmark). Key articles:

• Article 3: For divorces, the court at the habitual residence of the spouse has jurisdiction.
• Articles 5-15: Child matters depend on the child's habitual residence.
• Articles 22-24: Party agreements or alternative fora.

In the Netherlands, supplemented by the Code of Civil Procedure (Rv), art. 149 et seq. for local cases. In cross-border situations, Brussels IIb prevails, with Rechtbank Rotterdam as a key player for port city residents.

How does the judge determine your habitual residence?

Judges at Rechtbank Rotterdam assess objectively:

1. Permanence: Several months in Rotterdam, without a strict limit.
2. Integration: Job with Rotterdam companies, school in the city, local friends.
3. Intention: Evidence such as BRP registration with the Municipality of Rotterdam, rental in Kralingen or IJsselmonde.

Table: Key Factors for Habitual Residence in Rotterdam

Jurisdiction of Rechtbank Rotterdam

For international divorces (more about divorces in Rotterdam): if both spouses have habitual residence in the Netherlands, often Rechtbank Rotterdam for Rotterdam residents. If residing elsewhere, a foreign court may take precedence.

For children: Rechtbank Rotterdam if the child resides in Rotterdam. Unauthorized relocation triggers Hague Convention proceedings.

Practical Examples from Rotterdam Context

Example 1: Expat Family in Rotterdam
Jan and Maria have lived in Rotterdam-South for 5 years with their child. Jan moves to Belgium for work, Maria stays. Rechtbank Rotterdam retains jurisdiction for divorce (art. 3) and child (local residence).

Example 2: Attempt at Forum Shopping
Polish couple temporarily in Rotterdam. Bob 'establishes' himself in Germany for divorce. The judge looks at the center of Maria and child's life in Rotterdam: Netherlands prevails.

Example 3: Commuting Child
Post-divorce, child alternates between Rotterdam and Spain. Habitual residence where school weeks are spent, based on Rotterdam facts.

Your Rights and Obligations

Rights:

• Do not challenge jurisdiction lightly; seek advice from Juridisch Loket Rotterdam.
• Agree on prorogation (art. 22).
• Emergency measures via art. 35.

Obligations:

• No child abduction (art. 8).
• Start proceedings at the correct court for recognition.
• Document with local evidence.

Frequently Asked Questions for Rotterdam Residents

Tips for Rotterdam Residents

• Document thoroughly: Rental in Rotterdam, school lists, payslips for your habitual residence.
• Seek help: At Juridisch Loket Rotterdam or family law attorney for international issues.
• Check BRP: Ensure proper registration with Municipality of Rotterdam.