1. Please indicate your role for the purposes of this consultation |
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Please explain |
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2. Please indicate the country where you are located |
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Please indicate your country |
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3. Have you had practical experience with the Regulation? |
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If so, in what capacity? |
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Which capacity? |
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4. Please provide your contact information: name, institution, address, e-mail address |
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5. Do you think that the Regulation is a helpful tool for spouses involved in cross-border divorce/legal separation/marriage annulment? |
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Please explain |
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6. Do you think that the Regulation is a helpful tool in cross-border cases concerning custody over a child? |
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Please explain |
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7. Do you think that the Regulation is a helpful tool in cross-border cases concerning access rights to children? |
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Please explain |
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8. Do you think that the Regulation is a helpful and efficient tool in cases of cross-border parental child abduction? |
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Please explain |
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9. Do you think that the ways of identifying the responsible court in matrimonial matters should be revised so as to better reduce the risk of a "rush to court"? |
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In which way? |
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Please specify |
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10. Should there be a possibility for spouses to choose the responsible court by a common agreement? |
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If "yes", should the spouses' choice be limited to courts of an EU country with which one or both spouses have a substantial connection? Please specify, if one or more of the following criteria should apply: |
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Please specify |
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11. Should the formal requirements of such agreement draw inspiration from other EU instruments such as: |
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Please specify |
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12. Do you think that the conditions for the application of these provisions should be improved? |
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In which way? |
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13. Do you think that the cooperation mechanism aimed at ensuring a smooth functioning of the transfer should be improved? |
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In which way? |
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14. Do you think that the existing rules have helped effectively in preventing parallel proceedings? |
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How should these rules be improved? |
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Please explain |
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15. Do you think that the Regulation should address parallel proceedings brought before the court of an EU country and those brought before the court of a non-EU country? |
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Please explain |
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16. Do you think that the existing rules function well? |
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How should they be improved? |
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17. Would it be useful to address the lack of a uniform rule so as to allow in all situations the identification of the responsible court? |
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Please explain |
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18. Do you think that the Regulation should ensure access to justice in cases where the responsible courts outside the EU cannot exercise their jurisdiction? |
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Please explain |
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19. Do you think that the Regulation has ensured the immediate return of the child within the EU? |
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How should the procedure be improved? |
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20. Do you consider that all judgments, authentic instruments and agreements concerning parental responsibility should circulate freely between EU countries without exequatur? |
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If "no", do you consider that, in particular, judgments concerning the placement of a child in institutional care or with a foster family in another EU country should circulate freely between EU countries without exequatur? |
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21. If abolition of exequatur should be expanded, do you consider that maintaining safeguards is required in relation to: |
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Please specify |
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22. Do you think that common minimum standards for the hearing of a child could help in avoiding the refusal of recognition, enforceability and/or enforcement of a judgment from another EU country? |
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If yes, which are the main divergences which give rise to problems that could be addressed by setting common minimum standards? |
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23. Do you think that it is important to improve the actual enforcement of decisions concerning parental responsibility given in another EU country? |
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If yes, how can enforcement of decisions taken in another EU country be improved? |
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24. Do you think that it is important to improve the actual enforcement of return orders? |
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If yes, how can the enforcement of return orders be improved? |
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25. In general, do you think that the cooperation between the Central Authorities functions well? |
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If "no", what are the main problems that you have encountered? |
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26. Could the cooperation between the Central Authorities be improved through the mandatory use of forms translated into all EU languages to facilitate the exchange of information between Central Authorities? |
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27. Do you think that it would be useful for the Regulation to provide for additional provisions so as to enhance the use of mediation? |
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If yes, in which way? |
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28. Do you think that this provision should be improved? |
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If yes, in which way? |
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29. Do you think that the cooperation between Central Authorities and the local child welfare system in cross-border situations works as well as it should in order to ensure the smooth operation of the Regulation? |
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Please explain |
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30. Is there a need to adapt the cooperation between a Central Authority and the local child welfare authorities to better take account of cross-border cases? |
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If yes, in which way? |
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31. Do you think that the rules in the Regulation governing the placement of a child in another EU country function in a satisfactory manner? |
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If no, which solutions would you suggest? |
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32. Do you think that the certificates annexed to the Regulation function in a satisfactory manner? |
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If no, which solutions would you suggest? |
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33. Do you think that the rules governing the relations between the Regulation and the 1980 Hague Convention work satisfactorily? |
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If no, which other solution would you suggest? |
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34. Do you think that the rules governing the relations between the Regulation and the 1996 Hague Convention work satisfactorily? |
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If no, which other solution would you suggest? |
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35. Are there any other provisions of the Regulation which, in your view, would need to be improved? |
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36. Are there any other comments that you wish to make? |
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If you wish, you can upload a separate document with your additionnal comments. |
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