If you need to make a procedure to the family Judge of Mulhouse/ Questions of jurisdiction

The law office of Maître RISSER will help you to make a request for the family law, if you have a child and are separated from the other parent or/and if you want to divorce.

The general jurisdiction is given by the COUNCIL REGULATION (EU) 2019/1111
of 25 June 2019  “on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction”, called “Bruxelles II ter”.

It precises the general jurisdiction concerning divorce on article 3 :

SECTION 1 Divorce, legal separation and marriage annulment
Article 3
General jurisdiction
In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State:
(a) in whose territory:
(i) the spouses are habitually resident,
(ii) the spouses were last habitually resident, insofar as one of them still resides there,
(iii) the respondent is habitually resident,
(iv) in the event of a joint application, either of the spouses is habitually resident,
(v) the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
(vi) the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is a national of the Member State in question; or
(b) of the nationality of both spouses.”

Concerning the children, it is the article 7 :

“SECTION 2 Parental responsibility
Article 7 General jurisdiction
1. The courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised.
2. Paragraph 1 of this Article shall be subject to Articles 8 to 10.

Article 8 Continuing jurisdiction in relation to access rights
1. Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the courts of the Member State of the child’s former habitual residence shall, by way of exception to Article 7, retain jurisdiction, for three months following the move, to modify a decision on access rights given in that Member State before the child moved if the person granted access rights by the decision continues to have his or her habitual residence in the Member State of the child’s former habitual residence.
2. Paragraph 1 shall not apply if the holder of access rights referred to in paragraph 1 has accepted the jurisdiction of the courts of the Member State of the child’s new habitual residence by participating in proceedings before those courts without contesting their jurisdiction.« 

But be careful, it is only general articles and would need a lawyer to verify your case and if you are not on an exception case.”

But be careful, you need a specific advice concerning your own case. This is the general terms of the rules but there is exception, concerning the nationality of the people and your specific case.

If the French jurisdiction is competent, you will see with Maître RISSER which law is applicable and how to beginn a procedure.

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