EUPillar Armando.Roj: SAP CO 404/2014

Summary

Child abduction case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: The child was born and lived in Spain until 2011. At present time he is living in Romania. Court decision: Spanish courts are not competent to decide neither on parental responsibility matters nor on the return of a child according to arts. 10 and 13.1 of Brussels II a Regulation. Romanian courts are the competent jurisdiction to decide on the case (for the habitual residence of the child is in Romania). The court applies the rules of Brussels II a Regulation provisions on jurisdiction in cases of child abduction according to which in case of wrongful removal or retention of the child, the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention shall retain their jurisdiction until the child has acquired a habitual residence in another Member State. (But the child has acquiered a new residence in Romania at present time). The court also applies the rules on jurisdiction based on the child ´s presence according to which where a child's habitual residence cannot be established and jurisdiction cannot be determined on the basis of Article 12 (prorogation of jurisdiction in cases of divorce, legal separation or marriage annulment), the courts of the Member State where the child is present shall have jurisdiction.