McB (Area of Freedom, Security and Justice) [2010] EUECJ C-400/10 (05 October 2010)

McB (Area of Freedom, Security and Justice) [2010] EUECJ C-400/10 (05 October 2010)

Regulation No 2201/2003 does not preclude a Member State from requiring that an unmarried father obtain a court judgment awarding rights of custody in order for removal of a child by its mother to be considered wrongful under Article 2(11) of the Regulation; this requirement is compatible with Articles 7 and 24 of the Charter of Fundamental Rights.

Citation
[2010] EUECJ C-400/10
Parties
Applicant: Mr McB.; Respondent: Ms E.
Jurisdiction
European Union
Judgment Date
05 October 2010
Procedural Posture
Reference for Preliminary Ruling / Judgment
Outcome
reference answered; Regulation No 2201/2003 interpreted
Legal Topics
Child Abduction, Parental Responsibility, Rights of Custody, Interpretation of Regulation No 2201/2003, Application of Charter of Fundamental Rights
Family Law EU Law International Law Child Abduction Parental Responsibility Rights of Custody Interpretation of Regulation No 2201/2003 Application of Charter of Fundamental Rights

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Parties

Mr McB.

Applicant

Ms E.

Respondent

Procedural Posture

Reference for Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether Regulation No 2201/2003 precludes a Member State from requiring a court order for an unmarried father to acquire rights of custody
  2. 2 Compatibility of such requirement with Articles 7 and 24 of the Charter of Fundamental Rights

Ratio Decidendi

Regulation No 2201/2003 does not preclude a Member State from requiring that an unmarried father obtain a court judgment awarding rights of custody in order for removal of a child by its mother to be considered wrongful under Article 2(11) of the Regulation; this requirement is compatible with Articles 7 and 24 of the Charter of Fundamental Rights.

Court Disposition

reference answered; Regulation No 2201/2003 interpreted

Orders

  • Regulation No 2201/2003 must be interpreted as not precluding a Member State from requiring an unmarried father to obtain a court judgment awarding rights of custody for removal to be considered wrongful under Article 2(11).