PIL instrument(s)
Brussels IIa
Case number and/or case name
Agustina vs. Victoriano.Roj: SAP T 1740/2011
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
02 May 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Parental responsibility case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Concept of custody interpreted according to Brussels II a Regulation. A first Spanish court attributed the full custody of the children of the divorced couple to the mother and agreed a visitation arrangement for the father. Court decision: the court comes to the conclusion that the best benefit of the children, according to arts. 12 and 15 of Brussels II a Regulation, advices a joint custody attributed to both parents. According to the court, the first instance court decision must not be taken into account. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia nº 5 de Reus. Verbal proceeding n. 1987/2009. (Spain) (First instance).

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