Acción de responsabilidad parental vinculada a un proceso de divorcio en el nuevo Reglamento (UE) 2019/1111

Abstract

The purpose of this work is to analyze the scope and consequences of the regulation introduced by art. 10 of Regulation 2019/1111 for the purposes procedure the concentration of jurisdiction in the cases in which an action in parental responsibility is connected to a divorce process. These assumptions, which find an express response in art. 12 of Regulation 2201/2003, are not subject to specific consideration in the new precept. The structure of art. 10, related to the «election of the court» as indicated by its heading, derives from the unification of the two cases distinguished by art. 12 (which is modified), respectively, the one in which the action on parental responsibility was linked to a matrimonial litigation (art. 12.1), and to which this action is presented independently (art. 12.3). Along with the structure, another essential reason that justifies the object being addressed, derives from the consideration of the content of art. 10, as its regulation is articulated on the basis of the one offered by art. 12.3 and, therefore, for the second of the cases indicated.