Brussels II-ter Regulation for Residents of Tilburg

Brussels II-ter Regulation

The Brussels II-ter Regulation is a European regulation that provides guidelines on jurisdiction, recognition, and enforcement of family law judgments, such as in cases of divorce and parental responsibilities, within the European Union. For residents of Tilburg with international family ties, this regulation ensures a consistent approach to cross-border disputes, with a particular emphasis on preventing child abduction and safeguarding children's rights.

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

The Brussels II-ter Regulation, formally Regulation (EU) 2019/1111, determines which courts in EU countries have jurisdiction over marriage and parental matters. This updated version of the former Brussels IIa Regulation has been in force since August 1, 2022. For citizens in Tilburg, this is essential in international family law issues, such as a divorce involving a partner from another EU country. The rules apply in all EU countries except Denmark and prevent 'forum shopping', where parties seek a favorable court.

A key aspect is the priority given to child welfare. The regulation imposes strict restrictions on moving children across borders to evade legal proceedings. It incorporates elements of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, adapted to EU-specific situations. In Tilburg, you can seek advice on such matters from the Legal Aid Office Tilburg, which offers free support to residents.

Legal basis in the Netherlands and Tilburg

As a directly applicable EU regulation, the Brussels II-ter Regulation is fully effective in the Netherlands. Relevant articles include:

• Articles 1 to 3: Outline the scope, such as dissolution of marriages (divorce, cohabitation termination) and parental issues (custody, residence, contact).
• Articles 5 to 18: Set rules for jurisdiction, emphasizing the habitual residence of the child.
• Articles 19 to 39: Govern recognition and enforcement of decisions, with a streamlined process without exequatur (no separate recognition step).
• Articles 40 to 55: Address child abduction, including provisions for prompt return and the child's right to be heard.

In the Netherlands, this is integrated through the Law on Conflicts of Law in Family Matters and falls under the jurisdiction of the District Court of Zeeland-West-Brabant in Breda, which handles cases for Tilburg. The Child Protection Board also plays a role. For specific information on cross-border divorces, check our article on international divorce. The Municipality of Tilburg provides additional local support for family conflicts.

Scope with a Tilburg perspective

This regulation is relevant for international family law cases in the EU, including:

• Divorces or dissolutions where partners live in different EU countries, such as a resident of Tilburg with a partner in Belgium.
• Disputes over the residence or authority over children under 18.
• Cross-border child abduction, for example, if a parent from Tilburg takes the child to another EU country without agreement.

It does not cover inheritance or maintenance (for which Brussels I or Rome III apply). For non-EU situations, bilateral agreements or the Hague Conventions are used.

Jurisdiction in family law for Tilburg

The competent court depends on the habitual residence of the child (Article 8). If the child lives in Tilburg, the District Court of Zeeland-West-Brabant in Breda has jurisdiction, regardless of where the parents live. Exceptions include:

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

This system prevents manipulation of jurisdiction through child relocation. In practice, a judge in Breda can decide on a child who recently lived in Tilburg, even if the child is now in a neighboring country.

Recognition and enforcement in practice

Judgments from EU countries are directly recognized in other member states (Article 40), without additional steps. For enforcement, you submit a simple request to the local authority, such as a bailiff in Tilburg. Key updates in the ter version:

• Accelerated procedures: Decisions in child abduction cases within 6 weeks.
• Right to be heard for children (Article 28): Children from age 8 (or earlier if appropriate) must be heard, in person or digitally.

A comparison table with Brussels IIa:

Examples relevant to Tilburg

Consider a couple from Tilburg and Breda going through a divorce, with the mother and children in Tilburg and the father in Belgium. The Brussels II-ter Regulation assigns the District Court of Zeeland-West-Brabant in Breda for parental arrangements. A judgment on residence is directly enforceable in Belgium, for instance, through the youth court there.

Or: A parent abducts a child from Tilburg to Germany for a better outcome. The court in Breda can order immediate return, which is enforced in Germany. In 2022, the Netherlands recorded around 150 such cross-border incidents, affecting regions like Tilburg.