EUPillar Paulino vs. María Juana. Roj: AAP BI 1571/2007

Summary

The matter of the case is the recognition of a foreign court decision in Spain on the custody of the children of a divorced couple. Application of Brussels II a Regulation provisions to the case. Key facts: Dispute derived from a divorce case.The custody of the minors was attributed to the father by the foreign court. Court decision: the court decides that the Belgian court decision cannot be recognised in Spain according to art. 23 of Brussels II a Regulation (the mother was not given the opportunity to be heard, which is contrary to Spanish law: this constitutes an infringement of art. 24 of the Spanish Constitution). A copy of the non-return decision must be immediately transferred to the Belgian court (art. 11.6 of Brussels II a Regulation. The court applies the provisions on grounds of non-recognition for judgments relating to parental responsibility of Brussels II a Regulation according to which a judgment relating to parental responsibility shall not be recognised on the request of any person claiming that the judgment infringes his or her parental responsibility, if it was given without such person having been given an opportunity to be heard. Appeal history (not available in the database): Court decision: Audiencia Provincial Sede: Bilbao, Sección: 4 (Second Instance) (Spain) Date: 18-09-2007