Case number and/or case name
OLG Stuttgart, 30.3.2012 – 17 UF 338/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 12
Paragraph 3
SubParagraph a
Date of the judgement
29 March 2012
CJEU's case law cited by the court
Summary
Parental responsibility proceedings. When the father applied for a regulation on the parental responsibility in September 2010 before the family court in Germany, the mother had already moved to Spain with the child.
The court found that German courts were not internationally competent. It held that the child’s habitual residence was in Spain when the father submitted his application before German courts. The court stated that – given young children’s sense of time – the habitual residence could be assumed. It further examined whether the parties had made a prorogation of jurisdiction pursuant to Art 9 (2), 12 (3) Brussels IIa but as there were no indications in this regard it quickly denied it.