Case number and/or case name
César.Roj: SAP MU 3132/2010 - ECLI:ES:APMU:2010:3132
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
22 December 2010
CJEU's case law cited by the court
Summary
Application of Brussels IIa Regulation provisions to the modification of definitive measures on parental responsibility in the context of a divorce case transacted in Spain.
Key facts: The mother was awarded the custody of the children of the divorced couple. The plaintiff requests a modification because the defendant has changed her habitual residence.
Court decision: According to art. 2.9 of Brussels II a Regulation the defendant (mother) has a right to change her habitual residence to another Spanish city. The plaintiff has a right to visitation.
The change of residence (due to employment reasons) is not as relevant to justify a modification of the definitive measures decided by the first instance court.
Appeal history (not available in the database):
Court decision: Juzgado de Primera
Instancia nº 9 (Familia) de Murcia. (Spain) (First instance)
Date:17-06-2010