Summary
Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
Key facts: Divorce and parental responsibility case transacted in Spain. The spouses are from Bolivia.There is a foreign court decision from Bolivia on the divorce which has not been recognised in Spain (due to a missing exequatur).
Court decision: the court considers that Spanish courts are competent to decide on the case and adopt parental responsibility measures according to arts. 12.3 and 12.4 of Brussels II a Regulation.
In order to decide, the court applies the provisions on the prorogation of jurisdiction for a Member State exercising jurisdiction by
virtue of Article 3 on an application for divorce, legal separation or marriage annulment. As a consequence, Spanish courts have jurisdiction in any matter relating to parental responsibility connected with the application for at least one of the spouses has parental responsibility in
relation to the child and the jurisdiction of the courts has been accepted expressly by the spouses and by the holders of parental responsibility, at the time the court is seised, and is in the superior interests of the child (which is the case).
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 3 Hospitalet de Llobregat (Spain) (First instance)
Date: 20-09-2010