PIL instrument(s)
Brussels IIa
Case number and/or case name
Trinidad vs. Sabino.Roj: SAP T 1142/2010 - ECLI:ES:APT:2010:1142
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 12
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Article 15
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Date of the judgement
26 October 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of Brussels IIa Regulation provisions to a parental responsibility case in Spain. Kay facts: Attribution of joint custody to the parents of several minors. Interpretation of the concept of “best benefit of the child” according to Brussels II a Regulation. A first instance court decision attributed the full custody of the minors to the mother and a right to visitation to the father. Court decision: the court decided that, according to arts. 12 and 15 of Brussels II a Regulation, the best benefit of the children must be taken into consideration in order to decide on their custody. The court decides that a joint custody will be in the best interest of the children instead of a visitation arrangement. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia n° 5 de Tarragona (Spain) (First instance) Date:10-11-2009

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