PIL instrument(s)
Brussels IIa
Case number and/or case name
V.J. v G.S. - 2010/JR/297 - Antwerpen, 15 June 2011
Details of the court
Belgium, Second Instance
Articles referred to by the court
Brussels IIa
Article 15
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 6
Date of the judgement
14 June 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
During the proceedings before the Juvenile Court, in first instance, the mother had her habitual residence in Belgium and the father in The Netherlands. The Juvenile Court of Hasselt therefore accepted its jurisdiction. The mother has moved back to the Netherlands after the judgment of the Juvenile Court. Now both parents have their habitual residence in the Netherlands. Both parents and their children are Dutch nationals. Therefore the Court of Appeal decides to transfer the case to the Dutch court. The Court directly contacted the Dutch court concerning the transfer (cf. Art. 15(6) Brussels IIa Regulation). Short critique This is a very short judicial decision which shows that the transfer mechanism of Art. 15 Brussels IIa can work efficiently.

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