Case number and/or case name
Violeta vs. Jerónimo.Roj: AAP IB 702/2010 - ECLI:ES:APIB:2010:702A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
21 December 2010
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to the resolution of a child abduction case that is being decided upon in a Spanish court of law.
Key facts: The minor was transfered from Poland to Spain. The mother transfers the child to Spain in the year 2006. The father asks for the restitution of the child. A first instance Spanish court denies the transfer of the minor to Poland in the best benefit of the child.
Court decision: the court estimates that the first instance court decision must not be taken into consideration. The father has a right to custody as well as the mother and neither of them can decide unilaterally on the habitual residence of the child (art. 2.9 of Brussels II a Regulation).
Polish courts are competent to decide on the case according to the 1980 Hague Convention and Brussels II a Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número 1 de Inca (Spain) (First instance)
Date:23-10-2007