PIL instrument(s)

Case number and/or case name

Juana vs. Abilio.Roj: SAP C 821/2011 - ECLI:ES:APC:2011:821

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

24 January 2011

Appeal history

CJEU's case law cited by the court

Summary

Parental responsibility case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Parental responsibility case in the context of a divorce case in Belgium and Spain. The custody of the daughter of the divorced couple is attributed to the mother by a Belgian court (the whole family lived in Belgium at the time the spouses brought the civil action before justice). The mother transfers the child to Spain without the consent of the father. A Spanish first instance court attributes the custody to the mother and decides a visitation regime in favour of the father. Court decision: the Spanish court accepts the jurisdiction of the Belgian courts according to arts. 11.6, 11.7 11.8 of Brussels II a Regulation. The first instance Spanish court decision is validated by the court in as much as the Belgian courts recognised that the Spanish courts were in a better position to decide on the visitation regime according to art. 15 of Brussels II a Regulation. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 10 de A Coruña (Spain) (First instance) Date: 11-11-2009