EUPillar María Esther vs. Jesús Miguel.Roj: SAP SA 683/2006

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Divorce case between two Spanish spouses transacted in Spain. The spouses have one child in common. The mother and the child changed their habitual residence three years ago (from Spain to The Netherlands). The mother requests a modification of the child visiting arrangement decided by a Spanish court. The plaintiff (mother) considers that Spanish courts are not competent to decide on parental responsibility matters because the child now lives in The Netherlands. The action is brought by the mother before a Spanish court. Court decision: the court comes to the conclusion that Spanish courts are competent to decide on parental responsibility obligations according to arts. 1.1, 1.2 a), 5; 8, 9; 12.1 and 15.1 a) of Brussels II a Regulation. The court considers that the requirements of art. 12 on prorogation of jurisdiction are met (the divorce case was decided by a Spanish court). Art. 15 of Brussels II a Regulation (alleged by the plaintiff) cannot be taken into consideration for the principle of proximity is not applicable in this case. The court makes a correct interpretation of Brussels II a Regulation provisions on prorogation of jurisdiction according to which the courts of a Member State exercising jurisdiction by virtue of Article 3 on an application for divorce, legal separation or marriage annulment shall have jurisdiction in any matter relating to parental responsibility connected with that application where t least one of the spouses has parental responsibility in elation to the child and the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by the spouses and by the holders of parental responsibility, at the time the court is seised, and is in the superior interests of the child. Appeal history (not available in the database): Court decision: Juez de Primera Instancia Nº 1 de Salamanca (Spain) (First instance) Date:29-06-2006