Trends in European Family Law

Wopera, Zsuzsa (2026) Trends in European Family Law. Modern Comparative Law Trends . Ferenc Mádl Institute of Comparative Law, Budapest. ISBN 9786156356697; 9786156356703; 9786156356710

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Abstract

Family law has always been a sensitive area of ​​legislation and legal practice, where the most intimate and private legal disputes arise. Their correct management, whether at the level of national legislation or EU legislation, also requires an empathetic approach and professionalism from all participants be they legislators, judges, lawyers or legal experts. The volume summarizes the trends of broadly interpreted European family law in three closely related topics. First, we analyze the problems affecting the institution of marriage in the EU and Member State legislation and case law. Among these, we address the problem of out-of-court divorces and issues concerning the recognition of foreign marriages in other Member States in the light of the case law developed based on the right to free movement, and we evaluate the conclusions that can be drawn from this case law. The volume analyses the results of EU legislation on matrimonial matters. The volume presents the trends in matters of parental responsibility, such as the forms and solutions of joint parental custody and shared physical custody in EU Member States. We discuss the relevant provisions of the Brussels IIb Regulation, which is the cornerstone of EU legislation of cross-border family law matters, primarily from the perspective of its effects on determining trends in European family law. The third part of the book presents the joint COE-EU project on child-friendly justice and analyzes the recommendations adopted within the framework of this project. The monograph examines the two Recommendations adopted in 2025 on the protection of the rights and best interests of the child in parental separation proceedings and care proceedings. We recommend the volume to practicing lawyers because of its practice-oriented approach to the issues discussed, but it can also be a valuable read for academic researchers. The book also contains useful information for law students and participants in postgraduate legal studies.

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