EUPillar M. v. H. - 2006/JR/268 – 2007/JR/28

Summary

The parents are divorced. The father, of Belgian nationality, lives in Belgium and the mother, of Norwegian nationality, in Norway. The Court must rule on the residence of the child and on access rights. After deciding that the parents are to share parental authority, the Court considers that it is for them to decide where they intend to reside, although their choice to reside in different countries will have practical implications on the above-mentioned arrangements. More specifically, the residence of the child cannot be equally divided as this would be contrary to the interests of the child. In accordance with Belgian law, the Court decides the principal residence of the child is to be with the mother in Norway. The father is granted broad access rights. The father requests a certificate according to Art. 41 Brussels IIa. The Court however refuses to grant the certificate, because Norway is not a Member State of the European Union, so that a certificate would not be useful.