7 Amendments of Andrea COZZOLINO related to 2016/0190(CNS)
Amendment 23 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should not prevent the authorities of a Member State not having jurisdiction over the substance of the matter from taking provisional, including protective measures, in urgent cases, with regard to the person or property of a child present in that Member State or in cases of domestic or gender violence. Those measures should be recognised and enforced in all other Member States including the Member States having jurisdiction under this Regulation until a competent authority of such a Member State has taken the measures it considers appropriate. Measures taken by a court in one Member State should however only be amended or replaced by measures also taken by a court in the Member State having jurisdiction over the substance of the matter. An authority only having jurisdiction for provisional, including protective measures should, if seized with an application concerning the substance of the matter, declare of its own motion that it has no jurisdiction. Insofar as the protection of the best interests of the child so requires, the authority should inform, directly or through the Central Authority, the authority of the Member State having jurisdiction over the substance of the matter under this Regulation about the measures taken. The failure to inform the authority of another Member State should however not as such be a ground for the non-recognition of the measure.
Amendment 26 #
Proposal for a regulation
Recital 18
Recital 18
(18) In exceptional cases, such as in cases of domestic or gender violence, the authorities of the Member State of habitual residence of the child may not be the most appropriate authorities to deal with the case. In the best interests of the child, as an exception and under certain conditions, the authority having jurisdiction may transfer its jurisdiction in a specific case to an authority of another Member State if this authority is better placed to hear the case. However, in this case the second authority should not be allowed to transfer jurisdiction to a third authority.
Amendment 41 #
Proposal for a regulation
Recital 46
Recital 46
(46) AIf the best interests of the child so require, an authority of a Member State contemplating a decision on parental responsibility should be entitlrequired to request the communication of information relevant to the protection of theat child from the authorities of another Member State if the best interests of the child so require. Depending on the circumstances, this may include information on proceedings and decisions concerning for example, the subject of domestic or gender violence, a parent, a parent or siblings of the child, or information on the capacity of a parent to care for a child or to have access to the child. The assessment of this capacity should be validated by the judgment of a professional. The economic situation of a parent should not, except in exceptional and substantiated cases of objective inability to provide for the maintenance, upbringing and psychological and physical welfare of a child, be considered a determining factor for the purposes of a decision on his or her ability to care for a minor.
Amendment 47 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In urgent cases, the authorities of a Member State where the child or property belonging to the child is present shall have jurisdiction to take provisional, including protective, measures in respect of that child or property. These measures should not unduly delay the whole process and the final decision on the rights of custody and of access.
Amendment 48 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
In so far as the protection of the best interests of the child so requires, the authority having taken the protective measures shall inform the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter, either directly or through the Central Authority designated pursuant to Article 60. This authority must ensure that the parents involved in the proceedings are fully informed without delay of all these measures in the mother tongue of the parent.
Amendment 50 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
When exercising their jurisdiction under Section 2 of this Chapter, the authorities of the Member States shall ensure that a child who is capable of forming his or her own views is given the genuine and effective opportunity to express those views freely duris given the genuine and effective opportunity to express his or her own views freely during the proceedings. The authority shall take due account of the child’s opinion, creating the right conditions so that the child can clearly and exhaustively express his or her own objective considerations in the decision. To determinge the proceedingscapacity and the degree of maturity of the child, the assistance of child and family professionals should be sought.
Amendment 54 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. As early as possible during the proceedings, the court shall examine whether the parties are willing to engage in mediationpropose mediation services, except in cases of domestic or gender violence, to find, in the best interests of the child, an agreed solution, provided that this does not unduly delay the proceedings. In case the parties agree to engage in mediation, the authorities of the Member State having jurisdiction shall ensure access to mediation services.