Brussels II-ter Regulation for Residents of Delft

Brussels II-ter Regulation

The Brussels II-ter Regulation is a European regulation that provides guidelines for jurisdiction, recognition, and enforcement of family law judgments, such as in divorces and parental responsibility, across the entire EU. It promotes a consistent approach to cross-border disputes, particularly to prevent child abduction and protect children's interests – which is relevant for residents of Delft with international family ties.

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

The Brussels II-ter Regulation, formally Regulation (EU) 2019/1111, determines which courts in EU countries have jurisdiction over marriage and parental matters. As the successor to the Brussels IIa Regulation, it has been in force since August 1, 2022. For citizens in Delft, which falls under the jurisdiction of The Hague District Court, this is crucial in international family law issues, such as a divorce involving a partner from another EU country. The rules apply in all EU states except Denmark and prevent 'forum shopping', where parties seek a favorable court.

The focus is on child protection. Strict provisions deter parents from moving children across borders to evade judgments. It incorporates elements of the 1980 Hague Convention on Child Abduction, adapted to EU standards. In Delft, residents with questions can turn to the Legal Aid Desk in Delft for free advice on these EU rules.

Legal basis in the Netherlands and Delft

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

• Articles 1 to 3: Outline the scope, including marriage matters (such as divorce and legal separation) and parental issues (such as custody, residence, and contact rights).
• 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 procedure without exequatur (no separate recognition required).
• 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 Act on Private International Law in Family Matters, overseen by The Hague District Court for residents of Delft and the Child Protection Board. For specific information on cross-border divorces, see our article on international divorce. The Municipality of Delft provides additional support for family-related administration.

Scope of application for residents of Delft

This regulation applies to international family law cases within the EU, including:

• Divorces or dissolution of partnerships where parties reside in different EU countries.
• Disputes over the residence or parental authority of minors under 18.
• Cross-border child abduction, such as when a parent moves with the child to another EU country without permission.

It does not cover inheritance or maintenance (for which Brussels I or Rome III apply). For countries outside the EU, bilateral agreements or the Hague Conventions are used. In Delft, with its international student population, we often see applications in expat families.

Jurisdiction in family law for Delft

The competent court depends on the habitual residence of the child (Article 8). If the child resides in Delft, The Hague District Court 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 mechanism prevents manipulation of jurisdiction through child relocation. In practice, The Hague District Court can issue a ruling on a child who recently stayed in Delft, even if the child now lives in another country.

Recognition and enforcement in practice

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

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

A comparison table with Brussels IIa:

Examples from the Delft context

Consider a couple from Delft with Belgian roots going through a divorce. The mother stays with the children in Delft, while the father returns to Belgium. Under the Brussels II-ter Regulation, The Hague District Court handles the parental arrangements. A ruling on residence is directly enforceable in Belgium through the local youth court there.

Or: A parent moves a child from Delft to Spain to force a better ruling. The Hague District Court can order immediate return, which is enforced in Spain. In 2022, the Netherlands recorded around 150 such cross-border incidents, affecting regions like Delft due to proximity to international hubs.