EUPillar Edemiro vs. Eufrasia.Roj: SAP MA 3635/2008

Summary

The matter of the case is a parental responsibility dispute transacted in Spain in the context of a divorce case and based on the application of Brussuels II a Regulation provisions. Key facts: A first instance Spanish court decided previously on the divorce and the parental responsibility arrangement (the children of the divorced couple must live with their father in Spain). The mother goes living with the children to Sweden without the consent of the father. The mother asks for a modification of the parental responsibility arrangement and do not recognise the jurisdiction of Spanish courts according to arts. 8 and 9 of Brussels II a Regulation. Court decision: the case is about a modification of the parental responsibility arrangement decided previously in the context of a divorce case by a Spanish court. The case does not fulfil the requirements of art. 1.1 of Brussels II a Regulation. The first instance court decision must be confirmed. The court applies the rules on the scope of application of Brussels II a Regulation pursuant to which the Regulation "shall apply, whatever the nature of the court or tribunal, in civil matters relating to divorce, legal separation or marriage annulment". Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 16 de Málaga (Spain) (First instance) Date: 21-05-2007