Case number and/or case name
Trinidad vs. Alberto.Ref. JUR\2013\216390
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
14 May 2013
CJEU's case law cited by the court
Summary
Divorce case between two Moroccan spouses. Maintenance dispute. The father is in prison in Spain. The mother and child live in Spain.
Court decision: Spanish courts are competent to decide on parental responsibility matters according to art. 8 and 61 a) of Brussels II a Regulation as well as on maintenance matters according to art. 5.2 of Brussels I Regulation.
Applicable law: Moroccan one (Hague Maintenance Protocol 2007 had not come into force at that time).
The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized and in matters relating to maintenance, the rules to determine the courts for the place where the maintenance creditor is domiciled or habitually resident.
Appeal history (not available in the database):
Court decision: Juzgado Instrucción 4
Igualada. Exclusivo violencia sobre la mujer (Spain). (First instance)
Date:03-05-2011