EUPillar V.M. v. M.Y. - P.07.0457.F

Summary

See decision of the Mons Court of Appeal of 5 March 2007 for the facts of the case. By virtue of a court decision, the child had her principal residence with the mother in Spain and secondary residence with the father in Belgium. The mother has been arrested and the child can therefore not retain her residence with the mother. The only family residence that remains is that of the father in Tournai, Belgium. The Court of Cassation confirms that the first judge, of the Juvenile Court of Tournai, had jurisdiction to take child protection measures on the basis of Art. 44 of the Belgian Youth Protection Act of 8 April 1965. The first judge had decided that the child had to be repatriated to Belgium. The appellants allege that the Mons Court of Appeal subsequently justified the repatriation of the child, thereby infringing Art. 11 Brussels IIbis and Art. 12 Hague Child Abduction Convention. The Court of Cassation finds however that, on the contrary, the Court of Appeal stated that only the Spanish courts had jurisdiction to order the return of the child. In the meantime, the Spanish courts granted a return order and this return was carried out by the Spanish authorities. The Court of Cassation dismisses the appeal on all accounts and thereby confirms the decision of the Mons Court of Appeal.