PIL instrument(s)

Case number and/or case name

Rita. Roj: AAP SS 700/2005 - ECLI:ES:APSS:2005:700A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

13 September 2005

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is a parental responsibility dispute between two spouses derived from a divorce in the United Kingdom transacted in Spain. The court applies Brussels II a Regulation provisions in order to decide. Key facts:The children of the divorced couple are now living in Spain. A first instance Spanish court decided that the minors should stay in Spain. The mother objects and appeals. Court decision: the court decides that the minors should stay in Spain. The court makes a restrictive interpretation of the concept of minors at serious physical or psychological risk according to Brussels II a Regulation provisions. According to the court, the minors are not under a “serious physical or psychological risk” by the simple fact that they are living in Spain. The court only makes a generic reference to the application of Brussels II a provisions on the interpretation of the concept of minors at risk (no particular articles were cited by the court in its judgement). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 3 de Tolosa (Spain) (First instance) Date: 17-02-2005