Today, the Government presented a bill to the Riksdag containing proposals for enhanced protection of children involved in international custody disputes and other international family law cases. The proposals complement a previously adopted EU Regulation.
Custody disputes are difficult for everyone involved, particularly the children. In international custody disputes, the children are also torn between parents in two different countries. Sometimes a conflict between the parents results in children being unlawfully removed or retained by one of them.
“It is important that we have harmonised rules in all EU countries so that situations where a child gets caught in the middle, such as international custody disputes, can be effectively resolved with a focus on the best interests of the child,” says Minister for Justice and Home Affairs Morgan Johansson.
The new Regulation will strengthen the legal rights of the child and parents. Enforcement of decisions concerning parental responsibility within the EU will be streamlined. Moreover, the exchange of information between Member States will improve, which facilitates processing by the courts and public authorities.
The Brussels II Regulation (Council Regulation (EU) No 2019/1111) deals with issues concerning divorce, parental responsibility and international child abduction. The Regulation includes rules stipulating which Member State’s court may examine a dispute and rules concerning recognition and enforcement of decisions in the EU.
It is proposed that the new act and amendments enter into force on 1 August 2022.