My child wants to live with me but the other parent objects. How does the EU court decide?

What the Law Says

The EU does not have a single family court — instead, Regulation (EC) No 2201/2003 (the ‘Brussels IIa’ Regulation) sets binding rules for jurisdiction, recognition, and enforcement of custody decisions across EU Member States (except Denmark). It applies to divorce, legal separation, marriage annulment, and parental responsibility — including rights of custody and access.

The central rule is that courts of the Member State where the child is ‘habitually resident’ have jurisdiction (Article 8). This prevents forum shopping and ensures decisions are made where the child’s life is centred.

If the child has been wrongfully removed or retained, the court in the state of habitual residence before removal must decide on return — unless an exception under Article 13 applies (e.g., grave risk of harm).

Article 24 requires courts to consider the child’s best interests as a primary consideration — not just one factor among many. National courts must hear the child if they have sufficient understanding (per Article 24(3)).

The Regulation also provides for urgent procedures: if a child is wrongfully removed, the court must aim to deliver a judgment on return within six weeks, and enforce it within 30 days (Article 11(7)).

Statutory Text

The courts of the Member State in which the child was habitually resident immediately before the wrongful removal or retention shall have jurisdiction.

— Council Regulation (EC) No 2201/2003, Art. 10 — Wrongful removal or retention

Statutory Text

The best interests of the child shall be a primary consideration.

— Council Regulation (EC) No 2201/2003, Art. 24 — General principles

Statutory Text

The child shall be given the opportunity to be heard in accordance with his or her age and degree of maturity.

— Council Regulation (EC) No 2201/2003, Art. 24(3) — Hearing the child

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