Case number and/or case name
Silvia vs. Esteban. Roj: AAP GR 362/2006 - ECLI:ES:APGR:2006:362A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
16 June 2006
CJEU's case law cited by the court
Summary
Claim for the return of a child on the basis of Brussels IIa regulation provisions. The matter of the case is a child abduction dispute transacted in Spain in the context of a divorce case.
Key facts:The father lives in Spain, the mother and child live in Belgium. The father abducts the child during a vacation in Spain. A Belgian court requests the return of the child.
Court decision: the Spanish court decides that the child must stay in Spain during the time Belgian courts -which are competent to decide on the case- deliver their judgement. The non-return order must be transmitted to the Belgian 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 nº Tres de Granada. (Spain) (First instance).
Date:02-12-2005