EUPillar D.K. v D.S. - 2010/RK/28

Summary

The father (respondent) and both children have Belgian nationality and are domiciled in Belgium. The mother (applicant) has British nationality and is domiciled in Belgium. The last marital residence was in Dendermonde. The parties do not address the PIL issues raised by the case. The Court examines the question of its jurisdiction and the applicable law of its own motion. The parties reached a partial settlement on 11 February 2010 which was confirmed by the Court in an interim judgment on 18 February 2010. The case now presented to the Court of Appeal is concerned with the exercise of parental responsibility over the parties’ common children, the choice of residence for these children and the maintenance arrangement. The Court basis its jurisdiction over the claim for maintenance on Article 5(2) of Regulation 44/2001. Pursuant to Regulation 2201/2003, Article 8(1), the Belgian Courts have jurisdiction to grant interim measures for the children pending divorce proceedings. The Court orders a social investigation. The applicable law is determined in accordance with the Belgian Code on Private International Law, which points to Belgian law. The Court confirms that the judgment would be enforceable after registration in Scotland (Art. 28(2) Brussels IIa Regulation). The court also confirms its powers to issue a certificate under Article 39 upon request of one of the parties, which will be needed to obtain enforcement of the judgment in Scotland. Short critique The Court applies its jurisdiction over the claim for maintenance on Art. 5(2) Brussels I Regulation, but it could also have applied the general rule of Art. 2 (domicile of the defendant).