EUPillar Felipe vs. Sergio. Roj: SAP TF 2188/2015

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Parental responsibility case. Conflict of jurisdiction between Spanish and German courts. Modification of the custody of a minor who has recently changed her residence from Spain to Germany. Court decision: Spanish courts are competent to decide on the modification of the custody of the child decided by a first instance Spanish court according to art. 9.1 of Brussels IIa Regulation (the change of residence of the minor from Spain to Germany happened in the three following months after the judgement was given by a Spanish court). The court applies correctly the general rules of the Regulation on continuing jurisdiction of the child's former habitual residence according to which where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the courts of the Member State of the child's former habitual residence shall, by way of exception to Article 8, retain jurisdiction during a three-month period following the move for the purpose of modifying a judgment on access rights issued in that Member State before the child moved, where the holder of access rights pursuant to the judgment on access rights continues to have his or her habitual residence in the Member State of the child's former habitual residence. Appeal history (not available in the database): First instance court decision: Juzgado de 1ª Instancia e Instrucción núm. 5 de La Orotava (Spain). Date: 17-03-2014