Parental responsibility in a cross-border context

The questions are the central aspect of the reference and should refer directly to the provisions of European family law that require interpretation for the resolution of the dispute. The grounds for the reference provide the background for a proper assessment but the focus of the European Court of Justice will be on the questions referred by the national court. This is necessary so that the judgment of the Court is useful throughout the Member States of the EU and the interpretation of the law provided a guide independent of the factual context. The referring judge must therefore consider the form of the questions carefully and may wish to take submissions from counsel on the form of the questions before making the reference.

Once drafted the reference is submitted to the Registry of the European Court of Justice. The reference may be submitted by post, e-mail or electronically. The Registry is responsible for all correspondence and management of the Court’s case files.