EUPillar María Purificación vs. Rosendo.Roj: SAP BU 824/2008

Summary

Application of the provisions of Brussels II a Regulation to a parental responsibility case in Spain. Key facts: a first instance Spanish court decided on the joint custody of the children of a divorced couple. The plaintiff (mother) appeals and claims for the full custody of the children and a visiting arrangement for the father. Court decision: The court refers to the concept of “parental responsibility” (art. 2 of Brussels II a Regulation). The court decides to attribute the full custody of the children to the mother and a wide visiting arrangement for the father. The court makes an interpretation of the concept of "parental responsibility" according to the European Regulation and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility" and its conexion with a right of custody ). According to Brussels II a Regulation, the term ‘parental responsibility' shall mean all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effect. The term shall include rights of custody and rights of Access. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 1 de Miranda de Ebro (Burgos) (Spain) (First Instance) Date:25-10-2007