The rules of jurisdiction in the Regulation (EU) 2019/1111: Special reference in the choice of Court and the “best interest of the child

Abstract

Regarding parental reponsibility, Regulation (EU) 2019/1111 has been published, which will replace the called Brusells II bis. The mentioned Regulation introduces considerable developments in the field of competition that need to be analyzed. Particularly in this paper we will try to address the scope of the jurisdictional order election agreements when establishing the competent jurisdictional authority to decide on the rights of parental responsability, even in cases of international child abduction or ilegal retention. In turn, the Regulation extendes the criterion based on the principle of proximity with respect to the habitual residence connection and expands the residual connections to other cases. With all this casuistry of posible forums, we vould try to conclude if the “best interest of the child” is safeguarded with the proposed reforms.