Brussels II-ter Regulation for Amsterdam Residents

Brussels II-ter Regulation

The Brussels II-ter Regulation is a European regulation that provides guidelines for jurisdiction, recognition, and enforcement of family law decisions, such as divorces and parental responsibilities, across the entire EU. For residents of Amsterdam, this regulation ensures a consistent approach to international family disputes, with a focus on preventing child abduction and safeguarding children's rights in a multicultural city like Amsterdam.

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

The Brussels II-ter Regulation, formally Regulation (EU) 2019/1111, determines the jurisdiction of courts in EU countries for matters involving marriage and parenthood. As an update to the previous Brussels IIa version, it has been in effect since August 1, 2022. For Amsterdam residents with international ties, such as in a divorce involving a partner from another EU country, this is essential. The rules apply in all EU countries except Denmark and prevent 'forum shopping,' where parties seek a favorable court. In Amsterdam, with its diverse population, this helps manage cross-border family issues.

At its core is child protection. Strict provisions prohibit moving children across borders to evade legal proceedings. The regulation aligns with treaties like the 1980 Hague Convention on Child Abduction but is tailored to EU-specific situations, which is relevant for Amsterdam families with expat or migrant backgrounds.

Legal basis in Amsterdam

As directly applicable EU legislation, the Brussels II-ter Regulation is fully effective in the Netherlands, including Amsterdam. Key provisions include:

• Articles 1 to 3: Outline the scope, covering marriage matters (divorce, legal separation) and parental issues (custody, residence, contact rights).
• Articles 5 to 18: Establish jurisdiction, emphasizing the habitual residence of the child.
• Articles 19 to 39: Govern recognition and enforcement of judgments, with a simplified procedure that eliminates the need for 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 Amsterdam, this is implemented through the Act on Private International Law in Family Matters and falls under the Rechtbank Amsterdam and the Child Protection Board. For advice on international divorces in the area, consult the article on international divorce or the Juridisch Loket Amsterdam.

Scope for Amsterdam residents

The regulation applies to international cases within the EU, including:

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

It does not cover inheritance or maintenance (for which Brussels I or Rome III apply). For non-EU countries, bilateral agreements or the Hague Conventions are used, which may be particularly relevant for Amsterdam residents with global connections through the Gemeente Amsterdam.

Jurisdiction in family law for Amsterdam

The competent court depends on the habitual residence of the child (Article 8). If the child lives in Amsterdam, the Rechtbank Amsterdam has jurisdiction, regardless of where the parents reside. Exceptions include:

• Prorogation (Article 12): Parties can jointly designate another court.
• Residual jurisdiction (Article 18): If no other jurisdiction applies, the court of the parties' nationality may rule.

This system prevents manipulation of jurisdiction through child relocation. In practice, the Rechtbank Amsterdam can issue decisions about a child who recently lived in the city, even if they now reside in a neighboring EU country.

Recognition and enforcement in Amsterdam

Judgments from EU countries are automatically recognized in other member states (Article 40), without additional steps. For enforcement in the Netherlands, a simple request suffices, for example, to a bailiff in Amsterdam. Improvements in the ter version include:

• Accelerated procedures: Decisions in child abduction cases within 6 weeks.
• Child's right to be heard (Article 28): Children from age 8 (or earlier if appropriate) must be heard, either in person or via video link, which is common in Amsterdam cases with international elements.

A comparison table with Brussels IIa:

Practical examples for Amsterdam residents

Consider a couple with Dutch and French backgrounds in Amsterdam going through a divorce. The mother stays with the children in the city, while the father moves to Paris. The Brussels II-ter Regulation makes the Rechtbank Amsterdam competent for parental arrangements. A ruling on residence is directly enforceable in France through French authorities.

Or: A parent abducts a child from Amsterdam to Italy to force a better arrangement. The Rechtbank Amsterdam can order the return, which must be enforced in Italy. In 2022, the Netherlands recorded around 150 such cross-border incidents, with Amsterdam as a hotspot due to its international nature—seek help from the Juridisch Loket Amsterdam for prevention and support.