THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c)
and Article 67(1) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the European Economic and Social Committee(3),
Whereas:
(1) The European Community has set the objective of creating an area of freedom, security and
justice, in which the free movement of persons is ensured. To this end, the Community is to adopt,
among others, measures in the field of judicial cooperation in civil matters that are necessary for the
proper functioning of the internal market.
(2) The Tampere European Council endorsed the principle of mutual recognition of judicial
decisions as the cornerstone for the creation of a genuine judicial area, and identified visiting rights
as a priority.
(3) Council Regulation (EC) No 1347/2000(4) sets out rules on jurisdiction, recognition and
enforcement of judgments in matrimonial matters and matters of parental responsibility for the
children of both spouses rendered on the occasion of the matrimonial proceedings. The content of
this Regulation was substantially taken over from the Convention of 28 May 1998 on the same
subject matter(5).
(4) On 3 July 2000 France presented an initiative for a Council Regulation on the mutual
enforcement of judgments on rights of access to children(6).
(5) In order to ensure equality for all children, this Regulation covers all decisions on parental
responsibility, including measures for the protection of the child, independently of any link with a
matrimonial proceeding.
(6) Since the application of the rules on parental responsibility often arises in the context of
matrimonial proceedings, it is more appropriate to have a single instrument for matters of divorce
and parental responsibility.
(7) The scope of this Regulation covers civil matters, whatever the nature of the court or tribunal.
(8) As regards judgments on divorce, legal separation or marriage annulment, this Regulation
should apply only to the dissolution of matrimonial ties and should not deal with issues such as the
grounds for divorce, property consequences of the marriage or any other ancillary measures.
(9) As regards the property of the child, this Regulation should apply only to measures for the
protection of the child, i.e. (i) the designation and functions of a person or body having charge of
the child's property, representing or assisting the child, and (ii) the administration, conservation or
disposal of the child's property. In this context, this Regulation should, for instance, apply in cases
where the parents are in dispute as regards the administration of the child's property. Measures
relating to the child's property which do not concern the protection of the child should continue to
be governed by Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the
recognition and enforcement of judgments in civil and commercial matters(7).
(10) This Regulation is not intended to apply to matters relating to social security, public measures
of a general nature in matters of education or health or to decisions on the right of asylum and on
immigration. In addition it does not apply to the establishment of parenthood, since this is a
different matter from the attribution of parental responsibility, nor to other questions linked to the
status of persons. Moreover, it does not apply to measures taken as a result of criminal offences
committed by children.
(11) Maintenance obligations are excluded from the scope of this Regulation as these are already
covered by Council Regulation No 44/2001. The courts having jurisdiction under this Regulation
will generally have jurisdiction to rule on maintenance obligations by application of Article 5(2) of
Council Regulation No 44/2001.
(12) The grounds of jurisdiction in matters of parental responsibility established in the present
Regulation are shaped in the light of the best interests of the child, in particular on the criterion of
proximity. This means that jurisdiction should lie in the first place with the Member State of the
child's habitual residence, except for certain cases of a change in the child's residence or pursuant to
an agreement between the holders of parental responsibility.
(13) In the interest of the child, this Regulation allows, by way of exception and under certain
conditions, that the court having jurisdiction may transfer a case to a court of another Member State
if this court is better placed to hear the case. However, in this case the second court should not be
allowed to transfer the case to a third court.
(14) This Regulation should have effect without prejudice to the application of public international
law concerning diplomatic immunities. Where jurisdiction under this Regulation cannot be
exercised by reason of the existence of diplomatic immunity in accordance with international law,
jurisdiction should be exercised in accordance with national law in a Member State in which the
person concerned does not enjoy such immunity.
(15) Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States
of judicial and extrajudicial documents in civil or commercial matters(8) should apply to the service
of documents in proceedings instituted pursuant to this Regulation.
(16) This Regulation should not prevent the courts of a Member State from taking provisional,
including protective measures, in urgent cases, with regard to persons or property situated in that
State.
(17) In cases of wrongful removal or retention of a child, the return of the child should be obtained
without delay, and to this end the Hague Convention of 25 October 1980 would continue to apply as
complemented by the provisions of this Regulation, in particular Article 11. The courts of the
Member State to or in which the child has been wrongfully removed or retained should be able to
oppose his or her return in specific, duly justified cases. However, such a decision could be replaced
by a subsequent decision by the court of the Member State of habitual residence of the child prior to
the wrongful removal or retention. Should that judgment entail the return of the child, the return
should take place without any special procedure being required for recognition and enforcement of
that judgment in the Member State to or in which the child has been removed or retained.
(18) Where a court has decided not to return a child on the basis of Article 13 of the 1980 Hague
Convention, it should inform the court having jurisdiction or central authority in the Member State
where the child was habitually resident prior to the wrongful removal or retention. Unless the court
in the latter Member State has been seised, this court or the central authority should notify the
parties. This obligation should not prevent the central authority from also notifying the relevant
public authorities in accordance with national law.
(19) The hearing of the child plays an important role in the application of this Regulation, although
this instrument is not intended to modify national procedures applicable.
(20) The hearing of a child in another Member State may take place under the arrangements laid
down in Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts
of the Member States in the taking of evidence in civil or commercial matters(9).
(21) The recognition and enforcement of judgments given in a Member State should be based on the
principle of mutual trust and the grounds for non-recognition should be kept to the minimum
required.
(22) Authentic instruments and agreements between parties that are enforceable in one Member
State should be treated as equivalent to "judgments" for the purpose of the application of the rules
on recognition and enforcement.
(23) The Tampere European Council considered in its conclusions (point 34) that judgments in the
field of family litigation should be "automatically recognised throughout the Union without any
intermediate proceedings or grounds for refusal of enforcement". This is why judgments on rights
of access and judgments on return that have been certified in the Member State of origin in
accordance with the provisions of this Regulation should be recognised and enforceable in all other
Member States without any further procedure being required. Arrangements for the enforcement of
such judgments continue to be governed by national law.
(24) The certificate issued to facilitate enforcement of the judgment should not be subject to appeal.
It should be rectified only where there is a material error, i.e. where it does not correctly reflect the
judgment.
(25) Central authorities should cooperate both in general matter and in specific cases, including for
purposes of promoting the amicable resolution of family disputes, in matters of parental
responsibility. To this end central authorities shall participate in the European Judicial Network in
civil and commercial matters created by Council Decision 2001/470/EC of 28 May 2001
establishing a European Judicial Network in civil and commercial matters(10).
(26) The Commission should make publicly available and update the lists of courts and redress
procedures communicated by the Member States.
(27) The measures necessary for the implementation of this Regulation should be adopted in
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commission(11).
(28) This Regulation replaces Regulation (EC) No 1347/2000 which is consequently repealed.
(29) For the proper functioning of this Regulation, the Commission should review its application
and propose such amendments as may appear necessary.
(30) The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position
of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty
establishing the European Community, have given notice of their wish to take part in the adoption
and application of this Regulation.
(31) Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark
annexed to the Treaty on European Union and the Treaty establishing the European Community, is
not participating in the adoption of this Regulation and is therefore not bound by it nor subject to its
application.
(32) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States
and can therefore be better achieved at Community level, the Community may adopt measures, in
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with
the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is
necessary in order to achieve those objectives.
(33) This Regulation recognises the fundamental rights and observes the principles of the Charter of
Fundamental Rights of the European Union. In particular, it seeks to ensure respect for the
fundamental rights of the child as set out in Article 24 of the Charter of Fundamental Rights of the
European Union,
HAS ADOPTED THE PRESENT REGULATION:

CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Scope
1. This Regulation shall apply, whatever the nature of the court or tribunal, in civil matters relating
to:
(a) divorce, legal separation or marriage annulment;
(b) the attribution, exercise, delegation, restriction or termination of parental responsibility.
2. The matters referred to in paragraph 1(b) may, in particular, deal with:
(a) rights of custody and rights of access;
(b) guardianship, curatorship and similar institutions;
(c) the designation and functions of any person or body having charge of the child's person or
property, representing or assisting the child;
(d) the placement of the child in a foster family or in institutional care;
(e) measures for the protection of the child relating to the administration, conservation or disposal
of the child's property.
3. This Regulation shall not apply to:
(a) the establishment or contesting of a parent-child relationship;
(b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of
adoption;
(c) the name and forenames of the child;
(d) emancipation;
(e) maintenance obligations;
(f) trusts or succession;
(g) measures taken as a result of criminal offences committed by children.

Article 2
Definitions
For the purposes of this Regulation:
1. the term "court" shall cover all the authorities in the Member States with jurisdiction in the
matters falling within the scope of this Regulation pursuant to Article 1;
2. the term "judge" shall mean the judge or an official having powers equivalent to those of a judge
in the matters falling within the scope of the Regulation;
3. the term "Member State" shall mean all Member States with the exception of Denmark;
4. the term "judgment" shall mean a divorce, legal separation or marriage annulment, as well as a
judgment relating to parental responsibility, pronounced by a court of a Member State, whatever the
judgment may be called, including a decree, order or decision;
5. the term "Member State of origin" shall mean the Member State where the judgment to be
enforced was issued;
6. the term "Member State of enforcement" shall mean the Member State where enforcement of the
judgment is sought;
7. the term "parental responsibility" shall mean all rights and duties relating to the person or the
property of a child which are given to a natural or legal person by judgment, by operation of law or
by an agreement having legal effect. The term shall include rights of custody and rights of access;
8. the term "holder of parental responsibility" shall mean any person having parental responsibility
over a child;
9. the term "rights of custody" shall include rights and duties relating to the care of the person of a
child, and in particular the right to determine the child's place of residence;
10. the term "rights of access" shall include in particular the right to take a child to a place other
than his or her habitual residence for a limited period of time;
11. the term "wrongful removal or retention" shall mean a child's removal or retention where:
(a) it is in breach of rights of custody acquired by judgment or by operation of law or by an
agreement having legal effect under the law of the Member State where the child was habitually
resident immediately before the removal or retention;
and
(b) provided that, at the time of removal or retention, the rights of custody were actually exercised,
either jointly or alone, or would have been so exercised but for the removal or retention. Custody
shall be considered to be exercised jointly when, pursuant to a judgment or by operation of law, one
holder of parental responsibility cannot decide on the child's place of residence without the consent
of another holder of parental responsibility.

CHAPTER II
JURISDICTION
SECTION 1
Divorce, legal separation and marriage annulment
Article 3
General jurisdiction
1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with
the courts of the Member State
(a) in whose territory:
- the spouses are habitually resident, or
- the spouses were last habitually resident, insofar as one of them still resides there, or
- the respondent is habitually resident, or
- in the event of a joint application, either of the spouses is habitually resident, or
- the applicant is habitually resident if he or she resided there for at least a year immediately before
the application was made, or
- the applicant is habitually resident if he or she resided there for at least six months immediately
before the application was made and is either a national of the Member State in question or, in the
case of the United Kingdom and Ireland, has his or her "domicile" there;
(b) of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the
"domicile" of both spouses.
2. For the purpose of this Regulation, "domicile" shall have the same meaning as it has under the
legal systems of the United Kingdom and Ireland.

Article 4
Counterclaim
The court in which proceedings are pending on the basis of Article 3 shall also have jurisdiction to
examine a counterclaim, insofar as the latter comes within the scope of this Regulation.

Article 5
Conversion of legal separation into divorce
Without prejudice to Article 3, a court of a Member State that has given a judgment on a legal
separation shall also have jurisdiction for converting that judgment into a divorce, if the law of that
Member State so provides.

Article 6
Exclusive nature of jurisdiction under Articles 3, 4 and 5
A spouse who:
(a) is habitually resident in the territory of a Member State; or
(b) is a national of a Member State, or, in the case of the United Kingdom and Ireland, has his or her
"domicile" in the territory of one of the latter Member States,
may be sued in another Member State only in accordance with Articles 3, 4 and 5.

Article 7
Residual jurisdiction
1. Where no court of a Member State has jurisdiction pursuant to Articles 3, 4 and 5, jurisdiction
shall be determined, in each Member State, by the laws of that State.
2. As against a respondent who is not habitually resident and is not either a national of a Member
State or, in the case of the United Kingdom and Ireland, does not have his "domicile" within the
territory of one of the latter Member States, any national of a Member State who is habitually
resident within the territory of another Member State may, like the nationals of that State, avail
himself of the rules of jurisdiction applicable in that State.

SECTION 2
Parental responsibility
Article 8
General jurisdiction
1. The courts of a Member State shall have jurisdiction in matters of parental responsibility over a
child who is habitually resident in that Member State at the time the court is seised.
2. Paragraph 1 shall be subject to the provisions of Articles 9, 10 and 12.

Article 9
Continuing jurisdiction of the child's former habitual residence
1. Where a child moves lawfully from one Member State to another and acquires a new habitual
residence there, the courts of the Member State of the child's former habitual residence shall, by
way of exception to Article 8, retain jurisdiction during a three-month period following the move
for the purpose of modifying a judgment on access rights issued in that Member State before the
child moved, where the holder of access rights pursuant to the judgment on access rights continues
to have his or her habitual residence in the Member State of the child's former habitual residence.
2. Paragraph 1 shall not apply if the holder of access rights referred to in paragraph 1 has accepted
the jurisdiction of the courts of the Member State of the child's new habitual residence by
participating in proceedings before those courts without contesting their jurisdiction.

Article 10
Jurisdiction in cases of child abduction
In case of wrongful removal or retention of the child, the courts of the Member State where the
child was habitually resident immediately before the wrongful removal or retention shall retain their
jurisdiction until the child has acquired a habitual residence in another Member State and:
(a) each person, institution or other body having rights of custody has acquiesced in the removal or
retention;
or
(b) the child has resided in that other Member State for a period of at least one year after the person,
institution or other body having rights of custody has had or should have had knowledge of the
whereabouts of the child and the child is settled in his or her new environment and at least one of
the following conditions is met:
(i) within one year after the holder of rights of custody has had or should have had knowledge of the
whereabouts of the child, no request for return has been lodged before the competent authorities of
the Member State where the child has been removed or is being retained;
(ii) a request for return lodged by the holder of rights of custody has been withdrawn and no new
request has been lodged within the time limit set in paragraph (i);
(iii) a case before the court in the Member State where the child was habitually resident
immediately before the wrongful removal or retention has been closed pursuant to Article 11(7);
(iv) a judgment on custody that does not entail the return of the child has been issued by the courts
of the Member State where the child was habitually resident immediately before the wrongful
removal or retention.

Article 11
Return of the child
1. Where a person, institution or other body having rights of custody applies to the competent
authorities in a Member State to deliver a judgment on the basis of the Hague Convention of 25
October 1980 on the Civil Aspects of International Child Abduction (hereinafter "the 1980 Hague
Convention"), in order to obtain the return of a child that has been wrongfully removed or retained
in a Member State other than the Member State where the child was habitually resident immediately
before the wrongful removal or retention, paragraphs 2 to 8 shall apply.
2. When applying Articles 12 and 13 of the 1980 Hague Convention, it shall be ensured that the
child is given the opportunity to be heard during the proceedings unless this appears inappropriate
having regard to his or her age or degree of maturity.
3. A court to which an application for return of a child is made as mentioned in paragraph 1 shall act
expeditiously in proceedings on the application, using the most expeditious procedures available in
national law.
Without prejudice to the first subparagraph, the court shall, except where exceptional circumstances
make this impossible, issue its judgment no later than six weeks after the application is lodged.
4. A court cannot refuse to return a child on the basis of Article 13b of the 1980 Hague Convention
if it is established that adequate arrangements have been made to secure the protection of the child
after his or her return.
5. A court cannot refuse to return a child unless the person who requested the return of the child has
been given an opportunity to be heard.
6. If a court has issued an order on non-return pursuant to Article 13 of the 1980 Hague Convention,
the court must immediately either directly or through its central authority, transmit a copy of the
court order on non-return and of the relevant documents, in particular a transcript of the hearings
before the court, to the court with jurisdiction or central authority in the Member State where the
child was habitually resident immediately before the wrongful removal or retention, as determined
by national law. The court shall receive all the mentioned documents within one month of the date
of the non-return order.
7. Unless the courts in the Member State where the child was habitually resident immediately
before the wrongful removal or retention have already been seised by one of the parties, the court or
central authority that receives the information mentioned in paragraph 6 must notify it to the parties
and invite them to make submissions to the court, in accordance with national law, within three
months of the date of notification so that the court can examine the question of custody of the child.
Without prejudice to the rules on jurisdiction contained in this Regulation, the court shall close the
case if no submissions have been received by the court within the time limit.
8. Notwithstanding a judgment of non-return pursuant to Article 13 of the 1980 Hague Convention,
any subsequent judgment which requires the return of the child issued by a court having jurisdiction
under this Regulation shall be enforceable in accordance with Section 4 of Chapter III below in
order to secure the return of the child.

Article 12
Prorogation of jurisdiction
1. The courts of a Member State exercising jurisdiction by virtue of Article 3 on an application for
divorce, legal separation or marriage annulment shall have jurisdiction in any matter relating to
parental responsibility connected with that application where:
(a) at least one of the spouses has parental responsibility in relation to the child;
and
(b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner
by the spouses and by the holders of parental responsibility, at the time the court is seised, and is in
the superior interests of the child.
2. The jurisdiction conferred in paragraph 1 shall cease as soon as:
(a) the judgment allowing or refusing the application for divorce, legal separation or marriage
annulment has become final;
(b) in those cases where proceedings in relation to parental responsibility are still pending on the
date referred to in (a), a judgment in these proceedings has become final;
(c) the proceedings referred to in (a) and (b) have come to an end for another reason.
3. The courts of a Member State shall also have jurisdiction in relation to parental responsibility in
proceedings other than those referred to in paragraph 1 where:
(a) the child has a substantial connection with that Member State, in particular by virtue of the fact
that one of the holders of parental responsibility is habitually resident in that Member State or that
the child is a national of that Member State;
and
(b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner
by all the parties to the proceedings at the time the court is seised and is in the best interests of the
child.
4. Where the child has his or her habitual residence in the territory of a third State which is not a
contracting party to the Hague Convention of 19 October 1996 on jurisdiction, applicable law,
recognition, enforcement and cooperation in respect of parental responsibility and measures for the
protection of children, jurisdiction under this Article shall be deemed to be in the child's interest, in
particular if it is found impossible to hold proceedings in the third State in question.