EUPillar O.C. v H.A. - 06/475/C - Civ. (réf.) Bruxelles, 19 December 2006

Summary

The debates are limited to the custody of the children during the Christmas holidays. In a previous decision of 31 July 2006, the judge had allowed the mother to live in Germany and the father to live in Sweden. The Court gave permission for the mother to take the two children with her. Both parents would like to spend Christmas with their children, however. The father offers to split the two-week holiday and allow the children to stay with him from 22 December to 30 December. The president of the Court grants his request. The Court stipulates that it wasn’t able to hear the children. The hearing took place on 14 December 2006, while the first day of the holidays is on 22 December 2006. Moreover, the children don’t speak the language of the proceedings and they would have to undertake a long trip to get to court. The Court issues a certificate ex officio to ensure the enforcement of the judgment in Germany (cf. Arts. 40 and 41 Brussels IIbis) Short critique This decision is only limited in scope. It concerns the planning of the Christmas holidays of a family where the parents recently split up. The Court issues a certificate ex officio. The Court does not hear the children because of practical reasons (unrelated to their age or degree of maturity). See decision of 13 February 2007 for the motivation of the Court in this regard (the Court extends the exception of urgency provided in Art. 23(b) Brussels IIa to the deliverance of a certificate, by analogy).