PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Luciano vs. Bárbara.Roj: SAP B 4794/2015 - ECLI:ES:APB:2015:4794
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
16 April 2015
CJEU's case law cited by the court
Summary
The matter of the case is a parental responsibility and maintenance obligations dispute transacted in Spain.
Key facts:The divorced spouses are both Spanish and Peruvian nationals. The father lives in Spain with his son. The mother lives in Peru with her daughter. The father asks for the return of the daughter to Spain.
Court decision: the law applicable to maintenance obligations is the Spanish one according to art. 3 of the Hague Maintenance Protocol 2007.
The judge determines ex-officio the place of the habitual residence of the creditors in order to decide.
The court does not estimate the existence of a child abduction situation and decide that the daughter of the divorced couple should remain in Peru with her mother.
Appeal history (not available in the database):
First instance court: Juzgado de Primera Instancia n. 2 de Igualada. Spain.
Date: 22-02-2013