Case number and/or case name
Ángel vs. Teodora. Roj: SAP Z 1044/2015 - ECLI:ES:APZ:2015:1044
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
01 June 2015
CJEU's case law cited by the court
Summary
Parental responsibility and maintenance obligations case transacted in Spain on the basis of Brussels II a Regulation provisions.
Key facts:The divorced spouses are Algerian. The divorce and the measures concerning parental responsibility were decided by an Algerian court. The parents and their child are all living in Spain. Conflict of jurisdiction.
Court decision: Spanish courts are competent to decide a modification of the visiting arrangements concerning the child of the divorced couple according to art. 8 of Brussels II a Regulation (habitual residence of the minor in Spain).
The court applies correctly the 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):
First instance court: JUZGADO DE PRIMERA INSTANCIA E INSTRUCCIÓN Nº.1 de TARAZONA (ZARAGOZA). Spain.
Date: 24-04-2014