PIL instrument(s)

Case number and/or case name

Macarena vs. Bernabé.Roj: STSJ CAT 11001/2015 - ECLI:ES:TSJCAT:2015:11001

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

13 October 2015

Appeal history

CJEU's case law cited by the court

Summary

Divorce and parental responsibility dispute raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Modification of the visiting arrangements of a minor resident in Berlin (Germany). The father lives in Spain, the mother lives in Germany. Interpretation of the concept of best interests for the child according to Brussels IIa Regulation. Court decision: the court (in third instance) accepts the appeal against a second instance judgement concerning the divorce between spouses and parental responsibility matters (custody of the child). The court confirms the validity of the first instance court decision concerning the terms of the divorce but introduces a modification in the contact regime concerning the child of the couple who is living in Germany. The court bases its decision on arts. 12 and 15 of Brussels IIa Regulation (best interests for the child). Appeal history (not available in the database): Second instance court: Sección 2ª de la Audiencia Provincial de Girona. Spain. Date: 25-04-2014 First instance court: Juzgado de 1a Instancia núm. 6 de Girona. Year 2014