Cross-border exercise of visiting rights

30-11-2010

The right of access is a key aspect of the basic right of contact between parents and children. The inadequacy, in many cases, of relevant means of enforcement throws up major problems with regard to cross-border rights of access in particular. Multilateral conventions are concerned primarily with the recognition and efficient implementation of decisions by national courts. The EU considers that it needs to enact its own legislation in the realm of family and succession law, as elsewhere: legislation which, in its field of application, will supersede the multilateral conventions. As well as being concerned with the recognition of decisions, this legislation should place more emphasis on the establishment of international institutions and machinery to assist in negotiating and making arrangements for cross-border visiting rights.

The right of access is a key aspect of the basic right of contact between parents and children. The inadequacy, in many cases, of relevant means of enforcement throws up major problems with regard to cross-border rights of access in particular. Multilateral conventions are concerned primarily with the recognition and efficient implementation of decisions by national courts. The EU considers that it needs to enact its own legislation in the realm of family and succession law, as elsewhere: legislation which, in its field of application, will supersede the multilateral conventions. As well as being concerned with the recognition of decisions, this legislation should place more emphasis on the establishment of international institutions and machinery to assist in negotiating and making arrangements for cross-border visiting rights.