Brussels II-ter Regulation for Utrecht Residents

Brussels II-ter Regulation in Utrecht

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 child arrangements, across the entire European Union. For Utrecht residents, this regulation assists in cross-border family matters, with a focus on protecting children's rights and preventing international child abduction.

What does the Brussels II-ter Regulation mean for Utrecht?

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 EU courts have jurisdiction in marital and parental matters. For inhabitants of Utrecht, this is crucial in international divorces, for example, with a partner from another EU country. The rules apply in all EU countries except Denmark and prevent 'forum shopping,' where parties seek a favorable court.

Children are the priority: Strict measures against relocating children to evade legal proceedings. This aligns with the 1980 Hague Convention on Child Abduction but is tailored to EU needs. In Utrecht, you can seek advice from The Legal Aid Office Utrecht on how this regulation affects your situation.

Legal basis in the Netherlands and Utrecht

As an EU member state, the Netherlands directly applies the Brussels II-ter Regulation. Key articles include:

• Articles 1-3: Outline the scope, such as divorces, dissolution of partnerships, and parental responsibility (custody, residence, and contact).
• Articles 5-18: Establish jurisdiction, emphasizing the child's habitual residence.
• Articles 19-39: Govern recognition and enforcement of decisions, with a simplified procedure without exequatur.
• Articles 40-55: Address child abduction, including rules for prompt return and the child's right to be heard.

In the Netherlands, this is integrated through the Private International Law Act on Family Law, with the Utrecht District Court as the local authority for proceedings. The Child Protection Board provides support. For Utrecht families with international aspects, check our article on international divorce in Utrecht.

Scope of application for Utrecht cases

This regulation focuses on EU cross-border family law, including:

• Divorces where partners live in different EU countries, relevant for expats in Utrecht.
• Disputes over the residence or custody of minors under 18.
• Child abduction, such as a parent taking the child to another EU country without consent.

It does not cover inheritance or maintenance (see Brussels I or Rome III). For non-EU countries, other treaties apply. In Utrecht, you can seek help from the Utrecht Municipality for registering international documents.

Jurisdiction in family law for Utrecht

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

• Prorogation (Article 12): Parties can jointly choose another court.
• Residual jurisdiction (Article 18): If no other options exist, it is based on the parents' nationality.

This system prevents manipulation through relocations. For example, the Utrecht District Court can rule on a child who recently lived in the city, even if they now reside in a neighboring country.

Recognition and enforcement in Utrecht

Judgments from EU countries are directly recognized (Article 40), without additional steps. For enforcement in the Netherlands, such as in Utrecht, a request to the bailiff is sufficient. Key updates in the ter version:

• Accelerated processes: Child abduction cases must be handled 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 digitally.

A comparison table with Brussels IIa:

Practical examples for Utrecht

Consider a couple from Utrecht and Belgium going through a divorce: the mother with children in Utrecht, the father in Belgium. The Brussels II-ter Regulation makes the Utrecht District Court competent for child arrangements. The judgment is automatically enforceable in Belgium through their youth court.

Or: a parent abducts a child from Utrecht to Spain for a better outcome. The Utrecht District Court can order the return, enforceable in Spain. In 2022, the Netherlands recorded around 150 such cross-border cases, with Utrecht as a hub due to its international community.