FOREIGN JUDICIAL DECISIONS IN MATTERS OF PARENTAL RESPONSIBILITY

Čolović, Vladimir (2012) FOREIGN JUDICIAL DECISIONS IN MATTERS OF PARENTAL RESPONSIBILITY. Strani pravvni život (2). pp. 129-149. ISSN 0039-2138

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Abstract

Regulating relationships between parents and children and parental responsibility is highly important, not only for the protection of a child. If there is a foreign element in the area, then the situation becomes more complex, and given that different questions can be raised regarding the effect of the foreign judgments given in this topic in other countries. The cases of parental responsibility with a foreign element are fully regulated by the EU Regulation No 2201/2003, which, apart from parental responsibility, regulates the questions related to the dissolution of marriage. The effect of foreign decisions in this area depends not only on the rules of the state of recognition, but also on establishing jurisdiction of a court, as well as on the law applicable. In this paper a great attention has been given to this Regulation, but also to the provisions of Swiss, German and Serbian legislation analyzed herein. The provisions of the Swiss and Serbian legislation, the subject of analysis, are found in the laws regulating area of the Private International Law, whereas in the German legislation, a special act regulates procedure in these matters. This paper also discusses the Hague Convention on the Civil Aspects of International Child Abduction, given that Regulation 2201/2003 refers to its application. Finally, it is concluded from all of this that the rules in this area are heterogeneous and its application depends on relations when the question of parental responsibility has been raised.

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