Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-20-Speech-1-119"
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"en.20081020.14.1-119"2
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"Hungarian popular opinion is stirred up from time to time by cases in which children of a Hungarian parent are taken abroad by a foreign spouse. Popular opinion sympathises in the first instance with the mother whose child has been taken away, but also feels sorry for the father who has been deprived of his child, if the child ends up in alien and unfavourable circumstances. There are increasing numbers of ‘mixed’ marriages within the European Union, yet the rules governing the dissolution of marriage and child custody are often chaotic and ambiguous. Community law has hitherto regulated only the framework for disputes, such as the question of jurisdiction, that is, which court is competent to hear divorce or child custody cases. It has not, however, provided solutions with regard to the applicable law in matrimonial matters, in other words, to determining which state’s law the courts should apply in legal proceedings. The great divergence between the legislation of Member States thus gave rise to legal uncertainty, often compelling the parties to initiate proceedings as quickly as possible so that the most favourable legal rules might be applicable. The Regulation now in preparation aims to remedy this situation, first of all, by favouring an agreement between the parties. This may be suitable in the case of divorce by mutual consent, but knowing how things often are in practice, I am afraid that this will resolve few legal disputes. The correct solution would be if, over the longer term, we succeeded in developing a unified set of European child custody regulations."@en1
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