EUPillar Obdulio vs. Rosaura. Roj: SAP PO 770/2012

Summary

Parental responsibility case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts:Interpretation by the court of the concept of “parental responsibility” according to Brussels II a Regulation. Court decision: the court interprets the concept of “parental responsibility” according to art. 2.9 of Brussels II a Regulation (right to decide the habitual residence of a minor and the school that will be attended by the child). The court makes an interpretation of the concept of "custody" and “parental responsibility” according to Regulation (EC) No 2201/2003 (Brussels II a) and not according to Spanish law (for the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility" and its conexion with a right of custody). Pursuant to Brussels II a Regulation, the term ‘rights of custody' shall include rights and duties relating to the care of the person of a child, and in particular the right to determine the child's place of residence. Appeal history (not available in the database): Court decision: JUZGADO DE PRIMERA INSTANCIA Nº 3 de O PORRIÑO (Spain) (First instance) Date: 13-10-2011