jueves, 7 de febrero de 2013

MATTERS CONCERNING R 2201/2003

Regulation 2201/2003 concerning jurisdiction and recognition and the enforcement of judgements in  matrimonial matters and the matters of parental responsibility.
R 2201/2003 gives priority to the interest of the child:
  • the right to maintain normal relations with both parents
  • the right to make his or her view knows on all aspects of parental responsability, having regard to his or her age and degree of maturity.
R2201/2003 is applied in civil matters relating to:
  • divorce, legal separation or mariage annulment
  • the attribution, exercise, delegation, restriction or termination of parental responsability. Matters referred to:
    • rights of custody and rights of Access
    • guardianship, curatorship and similar institutions
    • the designation and functions of any or body having charge of the child's person or property, representing or assisting the child
    • the placement of the child in a foster family or institutional care
    • measueres for the protection of the child relating to the administration, conservation or disposal of the child's property
However, R 2201/2003 shall not apply to:
  • the establishment or contesting of a parent-child relationship, we apply national law
  • decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption, we apply national law 
  • the names and forenames of the child, we apply national law
  • emancipation, we apply national law
  • maintenance obligations, we apply R 44/2001, Brussels 1
  • trusts (traslated to spanish "fideicomiso") or successions, we apply national law
  • measures taken as a result of criminal offences comitted by children, we apply national law

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