Case number and/or case name
Gabriela. Roj: SAP MA 2052/2007 - ECLI:ES:APMA:2007:2052
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
11 September 2007
CJEU's case law cited by the court
Summary
The matter of the case is a child abduction proceedings transacted in Spain and based on the application of Brussels II a Regulation provisions.
Key facts:The daughter of the divorced couple lived in the UK with her father. The mother abducts the child and goes to Spain. A British court asks for the return of the child.
Court decision: the Spanish court admits that the transfer of the child to Spain was illicit. Nevertheless, the child has assimilated her new environment and is closely linked to her mother. The court estimates that the return could cause an identity conflict on the child.
The Spanish court denies the return of the child to the UK for the plaintiff has not proved that adequate arrangements have been made to secure the protection of the child after her return (art. 11.4 of Brussels II a Regulation).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 16 de Málaga (Spain) (First instance)
Date:19-02-2007