Jurisdiction of the international cases in family law

Abstract

The mobility of persons increases the amount of international marriages and international divorces. One of the first questions is to determine which court will have jurisdiction to solve international divorce matter. In 2003 European Council adopted Regulation (EC) No. 2201/2003 on Jurisdiction and the Recognition and the Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility. Regulation determines jurisdiction in matters relating to divorce, legal separation or marriage annulment. Regulation does not provide for parties to reach agreement which court will be competent to solve divorce case. Jurisdiction agreement are not allowed pursuant Regulation. Regulation establishes seven equal alternative jurisdiction criterions. Neither criterion of jurisdiction is preferred more that others Plaintiff has right to chose competent court according to alternative criterions. In order avoid parallel proceeds in several states Regulation sets principle of lis pendens. Regulation determined that if a case has already begun in one state then courts of other states do not have the competence to judge that case.[...]