EUPillar Bárbara.Roj: AAP V 555/2009

Summary

Child abduction case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. The matter of the case is the return of a child to the United Kingdom. Key facts: The mother transferred the child from the United Kingdom to Spain as part of her right of custody. The father of the minor is missing. A British court made arrangements to secure the protection of the child when this one was already socially integrated in Spain. Court decision: the Spanish court denies the transferral of the minor to the United Kingdom taking into account art. 11.4 of Brussels II a Regulation. The court estimates that the British authorities could not assure that all the psychological arrangements would be made to secure the protection of the child after his return (according to the Spanish court, the child could suffer an identity conflict if he is transferred to the United Kingdom). The court makes a restrictive interpretation of the concept of protection of the child in order to deny the return of the minor to the United Kingdom. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia ONTINYENT-3 (Spain) (First instance) Date:19-11-2008