Recent case law of the European Court of Justice on transfer of jurisdiction in matters of parental responsibility

This article analyses two recent judgments of the European Court of Justice concerning transferring jurisdiction in cases of parental responsibility under the Brussels IIa Regulation, addressing both lawful relocation and child abduction. It examines the standard conditions for transfer – namely, a “particular connection,” a “better placed” court, and the “best interests of the child” - and highlights how these conditions interact with the 1980 Hague Convention in child abduction cases, permitting, but significantly narrowing the scope, of transfers. The conclusions drawn are relevant in the context of the application of the Brussels IIb Regulation.