EUPillar Celso vs. Juana.Roj: AAP M 8325/2010

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Divorce and parental responsibility case transacted in Spain. The parties are two Ecuadorian spouses living in Spain. There is a previous Ecuadorian court decision on the divorce. The plaintiff asks for a modification in Spain of the provisional parental responsibility measures adopted by the Ecuadorian court. A first instance Spanish court decided that Spain was not the competent jurisdiction to adopt such measures. Court decision: the court decides that Spanish courts are competent to decide on the case according to art.8 of Brussels II a Regulation (the whole family live in Spain). There is no need to recognise the foreign court decision by means of an exequatur as alleged by the defendant and the Public prosecutor, in as much as the plaintiff only requests the modification of parental responsibility measures. The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized. Appeal history (not available in the database: Court decision: JDO. 1A.INSTANCIA N. 5 de ALCOBENDAS (Spain) (First instance) Date:27-03-2009