Case number and/or case name
Balbino vs. Rosa.Roj: SAP CA 597/2010 - ECLI:ES:APCA:2010:597
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
11 March 2010
CJEU's case law cited by the court
Summary
Divorce and parental responsibility case resolved on the basis of Brussels II a Regulation provisions.
Key facts: Parental dispute on the right to chose the habitual residence of minors, children of a divorced couple in Spain. The concept of custody and parental responsibility is interpreted by the courts following Brussels II a Regulation provisions.
Court decision: the court states that the right to choose the habitual residence of the children is common to both parents. The parent which has been attributed the custody of the children cannot decide unilaterally the residence of the minors (art. 2.9 of Brussels II a Regulation).
The court makes an interpretation of the concept of custody and parental responsibility according to the provisions of Brussels II a Regulation for the concepts of "custody" and "parental responsibility" are different figures in Spanish law.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia núm 1 de Algeciras (Spain) (First instance)
Date: 21-05-2009