Choice of court agreements in matters of parental responsibility: an analysis of art. 10 of Regulation (EU) 2019/1111

Abstract

Choice of court agreements in matters of parental responsibility are subject to certain conditions in Art. 10 of Regulation 2019/1111, which are analysed in this article: the child must have a substantial connection with the Member State whose courts are chosen, in particular for any of the circumstances listed in Article 10; it is necessary the agreement of the parties, as well as any other holder of parental responsibility, which must be done in compliance with certain formal and temporary requirements; and the exercise of jurisdiction needs to be in the best interests of the child. The article takes as reference Article 12 of Regulation 2201/2003 and the ECJ decisions about its interpretation and application, to explain many of the changes introduced by Art. 10 of Regulation 2019/1111. The relations between the international jurisdiction rules of Regulation 2019/1111 and the 1996 Hague Convention are also analysed in this article.