Application of the principle of the best interests of the child for determination of jurisdiction in parental responsibility matters under the Brussels IIa Regulation

Abstract

In the context of the Regulations, multiple legitimate interests exist, in particular, the necessity to ensure legal certainty and free movements of judgments, which essentially rests on the principle of mutual trust. Therefore, the child’s best interests will not be the only consideration when making decisions on jurisdiction and when interpreting the provisions of the Regulation. The best interests principle will be balanced with the principles of legal certainty and mutual trust. The aim of this thesis is to address the following question: in what aspects the principle of the best interests of the child influences the determination of jurisdiction in parental responsibility matters under Article 8(1) and Article 15 of the Regulation.