Introduction
The process of recognising and enforcing a judgment is the means by which a judgment is given legal force in a country other than where it was issued (the originating State/court). Recognising a judgment issued abroad means accepting its legal force and enforcing the judgment means to give effect to its contents. A judgment must be recognised as having legal value before it can be enforced.
Effective rules for the recognition and enforcement of family law judgments are the underlying aim of Brussels IIbis. The rules of jurisdiction are harmonised to make this process simpler, so the court recognising a judgment under Brussels IIbis must assume the originating court had jurisdiction under the Regulation. The process is intended to be as straightforward as possible, with the minimum of legal formality and available defences.
In Brussels IIbis, the EU is aiming to encourage the recognition and enforcement of family law judgments, to make this process as simple and as useful as possible for families so that they do not have to go through litigation more than once to secure their rights. In relation to rights of access, the Regulation creates an expedited procedure for recognition and enforcement of the judgment to make sure that the person with access to the child does not lose contact despite the cross-border nature of the relationship.