McB (Area of Freedom, Security and Justice) [2010] EUECJ C-400/10_V (22 September 2010)

McB (Area of Freedom, Security and Justice) [2010] EUECJ C-400/10_V (22 September 2010)

European Union law does not preclude a Member State from requiring by its legislation that an unmarried father must obtain a court judgment awarding custody to qualify as having 'rights of custody' for purposes of Article 2(11) of Regulation (EC) No 2201/2003; the attribution of custody rights is governed by national law.

Citation
[2010] EUECJ C-400/10_V
Parties
Applicant: J. McB.; Respondent: L. E.
Jurisdiction
European Union
Judgment Date
22 September 2010
Procedural Posture
Reference for Preliminary Ruling / View of Advocate General
Outcome
Question referred is admissible; EU law does not preclude national requirement for court judgment to establish custody rights for unmarried fathers.
Legal Topics
Parental Responsibility, Rights of Custody, Wrongful Removal, Interpretation of Regulation (ec) No 2201/2003, Application of Charter of Fundamental Rights
Family Law International Child Abduction EU Law Parental Responsibility Rights of Custody Wrongful Removal Interpretation of Regulation (ec) No 2201/2003 Application of Charter of Fundamental Rights

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Parties

J. McB.

Applicant

L. E.

Respondent

Procedural Posture

Reference for Preliminary Ruling / View of Advocate General

Legal Issues

  1. 1 Whether Regulation (EC) No 2201/2003 precludes a Member State from requiring an unmarried father to obtain a court order granting custody to qualify as having 'custody rights' for purposes of wrongful removal
  2. 2 Interpretation of 'rights of custody' under EU law

Ratio Decidendi

European Union law does not preclude a Member State from requiring by its legislation that an unmarried father must obtain a court judgment awarding custody to qualify as having 'rights of custody' for purposes of Article 2(11) of Regulation (EC) No 2201/2003; the attribution of custody rights is governed by national law.

Court Disposition

Question referred is admissible; EU law does not preclude national requirement for court judgment to establish custody rights for unmarried fathers.

Orders

  • Reply to Supreme Court: EU law does not preclude Member State legislation requiring unmarried fathers to obtain a court judgment awarding custody to qualify as having 'rights of custody' under Regulation (EC) No 2201/2003.