International Jurisdiction to Adjudicate in Parental Responsibility Matters―Focusing on the Introduction to the Brussels II ter Regulation―

Abstract

There has been little discussion about the international jurisdiction rules to adjudicate in parental responsibility matters in Korea, although it is very important for the parties, for the welfare of their children and for the prevention of international child abduction. The draft amendment to the Act on Private International Law, which is currently pending before the National Assembly, introduces a new provision on international jurisdiction in parental responsibility matters, however it is not so satisfactory for the best interests of children. First, it can expose children to custody disputes repeatedly because the provision is designed to expand the possibility of international litigation concurrence. Second, it can make the appropriate hearing for children difficult because the courts having international jurisdiction over marital matters can also proceed with the related custody cases. In contrast, the EU Council Regulation 2019/1111 on Jurisdiction, the Recognition and Enforcement of Decisions in Matrimonial Matters and the Matters of Parental Responsibility and on International Child Abduction amended in 2019(Brussels II ter Regulation) repudiates the connection of the international jurisdiction rule for marital matters and for parental responsibility matters. This article is written for the introduction to the main amendments of Brussels II ter Regulation in this area and for the suggestion of the new international jurisdiction rules to adjudicate in parental responsibility matters in the viewpoint for the best interest of children.