EUPillar Esperanza. Roj: AAP AL 287/2008

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Matter of the case: Child abduction in the context of a divorce case transacted in Spain. Key facts: The mother abducts the child and goes living to Spain. The child had his habitual residence in the United Kingdom. A British court requests the return of the child. Court decision: the plaintiff (mother) claims for the application of art. 8 of Brussels II a Regulation. According to the plaintiff, Spanish courts are competent to decide on a modification of the visiting arrangement for the plaintiff is now living in Spain. The court decides that Spanish courts are not competent to decide on the case according to art. 10 of Brussels II a Regulation (illicit transfer of a child). The child must return to the United Kingdom. In order to decide, the court applies the rules of Brussels II a Regulation on jurisdiction in cases of child abduction according to which in case of wrongful removal or retention of the child, the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention (the United Kingdom in this particular case) shall retain their jurisdiction until the child has acquired a habitual residence in another Member State. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 2 de Huércal Overa. (Spain) (First instance) Date:09-10-2007