EU zou ook moeten helpen bij het oplossen van grensoverschrijdende familieconflicten (en)
Cross-border family disputes and the protection of children's rights are matters that the EU needs to address, said Parliament's Petitions Committee on Monday. Compulsory recognition of national courts' decisions on custody and visits, special training for judges on parental responsibility in cross-border separations and encouragement for family mediation should give more legal certainty to international couples.
In a discussion with experts and the European Commission, MEPs heard some examples of problems faced by European citizens in cross-border family disputes. They agreed that current EU legislation should be revised to improve legal certainty in such cases.
Compulsory recognition of national courts' decisions on custody and visits, special training for judges and efforts to promote family mediation as an alternative to court cases were among proposals contained in a study presented by experts from the Swiss Institute for Comparative Law and supported by MEPs.
Parental responsibility: children's interests to be safeguarded
The child's interest should be the main concern in cross-border separations, believe MEPs. "Children should not be a battleground for parents", stressed Margrete Auken (Greens/EFA, DK). However, MEPs recognised that EU countries have different views on how to guarantee children's best interests.
Two Italian citizens described their cases to the committee. Marinella Colombo, who has lived in Germany with her German spouse and two children, described the problems she had had with the German Youth Welfare Department (Jugendamt), which would have deprived her of contact with her children since she separated in 2006. A similar case was described by Massimo Moltoni.
"It is impossible for the Commission to take action against the involvement of the Jugendamt because this does not depend on EU law", said the Commission representative. However, in the Colombo case, the possible restriction of freedom of movement (the petitioner is forced to stay in Germany if she wants to see her children) "needs to be further examined".
As to the Moltoni case, the Commission pointed out that the legal instruments mentioned in the debate were "implemented by Member States" and did not fall within the competences of the EU. "The European Commission is being very vague about the Charter of Fundamental Rights", said Victor Bostinaru (S&D, RO), adding that these cases "are within the competence of the European Court of Human Rights".
Rights of the child
Members also discussed two complaints about children's rights: one about cases of paedophilia and child abuse in Bulgaria over the last two years and the other about the rights of children with autism in Romania. The Commission representative said that a directive on combating sexual abuse, sexual exploitation of children and child pornography had been put forward recently and should help tackle these issues.
Next steps
Commission Vice-President Viviane Reding also took part in the discussion. Replying to Mariya Nedelcheva (EPP, BG) and other MEPs about measures to address disabled children's needs, she said that minors would have a special place in an upcoming strategy on people with disabilities.
An action plan on children's rights in the field of justice (including proceedings on parental responsibility), will also be proposed, she added. Practitioners who understand cross-border cases are needed and the Commissioner supported the idea of special training for judges. A revision of the regulation on recognition of judgments in matrimonial matters and parental responsibility (Brussels II-a) was also on the Commission agenda. Lastly, Ms Reding pointed out that the Commission had already put forward legislation on mediation in cross-border family disputes.
In the chair: Erminia Mazzoni (EPP, IT)