Case number and/or case name
José Carlos vs. Felisa.Roj: SAP TO 161/2011 - ECLI:ES:APTO:2011:161
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
20 February 2011
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to the modification in Spain of visitation measures decided by a Rumanian court in the context of a divorce case.
Key facts:The child and her parents are Rumanian and all of them have their habitual residence in Spain.
Court decision: Spanish courts are competent to decide on the case according to Recital n. 5 and art 9 of Brussels II a Regulation (residence factor). The modification is not accepted according to Spanish law (best benefit of the child).
The court makes an effective interpretation of Brussels II a Regulation provisions on continuing jurisdiction of the child's former habitual residence according to which where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the courts of the Member State of the child's former habitual residence
shall, by way of exception to Article 8, retain jurisdiction during a three-month period following the move for the purpose of modifying a judgment on access rights issued in that Member State before the child move. In this particular case the child has been living in Spain beyond that three-month period.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia Núm. 5 de Illescas (Spain) (First instance)
Date: 16-06-2010