Brussels II ter Regulation for Residents of Westland

Brussels II ter Regulation

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 Westland, this regulation ensures a consistent approach to cross-border family matters, with particular emphasis on preventing child abduction and protecting children's rights in regions near international borders.

What does the Brussels II ter Regulation mean for Westland?

Officially known as Regulation (EU) 2019/1111, this Brussels II ter Regulation updates the previous Brussels IIa version and has been in force since August 1, 2022. It determines which courts in EU countries have jurisdiction over marriage and parental issues. For people in Westland, this is essential in international family disputes, such as a divorce involving a partner from another EU country. The rules apply in all EU states except Denmark and prevent 'forum shopping,' where parties seek a favorable court.

The core focus is on child protection. Strict provisions prohibit moving children across borders to evade legal proceedings. This aligns with treaties like the 1980 Hague Convention on Child Abduction but is tailored to EU-specific situations. In Westland, with its diverse population due to horticulture and international connections, this helps navigate complex family ties.

Legal basis in the Netherlands and Westland

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

• Articles 1 to 3: Define the scope, covering marriage matters (such as divorce and legal separation) 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 without 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 the Netherlands, implementation occurs through the Private International Law (Family Law) Act, and in Westland, it falls under the Westland Court and the Child Protection Board. For advice on international divorces in Westland, consult The Legal Aid Desk Westland or our article on international divorce in Westland.

Scope of application for Westland residents

This regulation is relevant for international EU matters, including:

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

It does not cover inheritance or maintenance (for which Brussels I or Rome III apply). For non-EU countries, bilateral agreements or the Hague Convention are relevant, which may be particularly important for Westland given its export-oriented economy.

Jurisdiction in family law for Westland

The competent authority depends on the habitual residence of the child (Article 8). If the child resides in Westland, the Westland Court has jurisdiction, regardless of where the parents live. 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 Westland Court can decide on a child who recently resided in the region, even if they now live in a neighboring country.

Recognition and enforcement in Westland

Judgments from EU countries are automatically recognized (Article 40), without additional steps. For enforcement in Westland, a simple request to authorities such as the bailiff or the Westland Municipality 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, via in-person contact or video.

A comparison table with the previous Brussels IIa:

Practical examples for Westland

Consider a couple from Westland with a partner from Belgium going through a divorce. If the mother and children live in Westland while the father is in Belgium, the Westland Court has jurisdiction over parental arrangements. A judgment on residence is directly enforceable in Belgium through the local youth court there.

Or: If one parent abducts a child from Westland to Spain to force a better outcome, the Westland Court can order immediate return, which is enforced in Spain. In 2022, the Netherlands recorded around 150 such cross-border incidents, affecting regions like Westland due to nearby international routes.