Question 27818 — family

Summary

Mrs. Sabine Thillaye draws the attention of Mrs. Keeper of the Seals, Minister of Justice, to the settlement of cross-border family disputes between France and Germany. Indeed, in the context of an illicit movement of a child to another Member State, when a decision ordering the return of the child has been rendered, in accordance with Article 11 paragraph 8 of EC Regulation No. 2201/2003 known as “Brussels II bis”, this must be executed by the Member State where it is located, without the need to request its execution before a court. However, when the dispute pits a French parent against a German parent, it is difficult to obtain the application of such a decision and the return of the child to France. This situation, currently experienced by a citizen of the MP's constituency, is far from being an isolated case: it concerns many dual national children. This This dysfunction has also already been reported by the European Parliament, in its resolution of November 29, 2018 relating to the role of German child welfare services (Jugendamt) in cross-border disputes no. 2018/2856RSP. She also questions him about the actions implemented by the Government to obtain the return of these children as well as the state of negotiations with the German authorities on this subject.

Machine translation from French. The official text remains authoritative.

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