Activities of Monika VANA related to 2022/0402(CNS)
Plenary speeches (1)
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood (debate)
Shadow opinions (1)
OPINION on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood
Amendments (3)
Amendment 90 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The non-recognition by a Member State of parenthood established in another Member State particularly affects rainbow families as well as other types of families that do not fit the nuclear family model. This is especially the case where there is no biological link between the parents and the child. This Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations irrespective of their family situation and without discrimination.
Amendment 118 #
Proposal for a regulation
Recital 49
Recital 49
(49) PIn accordance with Article 12 of the UN Convention on the Rights of the Child and Article 24(1) of the Charter, all children have the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. As such, proceedings on the establishment of parenthood under this Regulation should, as a basic principle, provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.
Amendment 145 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- childchild- parent relationship established in law. It includes the legal status of being the child of a particular parent or parents; (This amendment, "parent-child" to "child- parent", applies throughout the text. Adopting it will necessitate corresponding changes throughout.)