The Regulation (CE) 2019/1111

Main novelties and the interaction with the Hague Convention of 1980 and 1996

Abstract

The purpose of this work is to analyze the main developments of Regulation 2019/1111

(RBII ter) in relation to Regulation 2201/2003 (RBII bis) and the existing relationship with the other two Conventions of the Hague Conference, the of 1980 and that of 1996. To do this, the scope of material effectiveness is explained, focusing on the notions of custody and parental responsibility in the different instruments. In addition, in line with the introduction of new jurisdiction criteria in the RBII ter se with respect to the CH 1996, the existing relationship with the Regulation is explained, as well as the possibility of choosing a forum of third States as stipulated in art. 97 of the RBII ter. Regarding the CH of 1980, the incorporation and implementation of the cooperation instruments of authorities and the provision of art. 96 of the RBII ter. Finally, we reflect on the advances in this area and the use of mediation when

there has been an abduction of childs.