Case number and/or case name
Elisa vs. Luis Manuel. Roj: AAP TF 2760/2006 - ECLI:ES:APTF:2006:2760A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
18 September 2006
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to a child abduction case transacted in Spain.
Key facts:The mother is Spanish, the father is British. The whole family was living in the UK. The mother abducts the child in common and goes to Spain. A British court requests the return of the child.
Court decision: the child must stay in Spain according to the 1980 Hague Convention. The non-return order must be transmitted to the British court according to art. 11.6 of Brussels II a Regulation.
The court applies the provisions of Brussels II a Regulation on the return of a child when a court has issued an order on non-return pursuant to Article 13 of the 1980 Hague Convention.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia
número ocho de Santa Cruz de Tenerife (Spain) (First instance)
Date: 21-02-2006