EUPillar B.M. v. S.M. - 2009/RK/207 - Gent, 10 December 2009

Summary

The spouses were married in Italy and they have three children. The appellant has Dutch nationality and lives in Belgium. The respondent has Italian nationality and lives in Italy. At the time the proceedings in first instance were initiated, in 2009, the parties were still domiciled in Koksijde, Belgium. It is not contested that the children also lived at this address. The Belgian courts have jurisdiction over the claims for parental responsibility on the basis of Art. 8(1) Brussels IIbis Regulation. The Court of Appeal grants custody to the mother and rights of access to the father. This decision will be recognised and enforceable in other Member States in accordance with art. 41(1). The only condition for such recognition and enforceability is the certificate from the original judge. This certificate provides a guarantee that all necessary procedures were followed. The parties have been heard. The children have not been heard because they don’t have the necessary discernment. The children are of a young age and their hearing is not required under Belgian law. (At the time of the decision, the eldest child was 10 years old.) Short critique The Court justifies its decision not to hear the children (cf. Art. 41(2)(c)).