Parental jurisdiction Spain refers to the authority of Spanish courts over child-related matters, even when the child resides abroad. Recent Supreme Court rulings clarify how Spanish law determines jurisdiction in cases involving custody, visitation, and parental responsibilities.
Ruling 4133/2024 of the First Chamber of the Spanish Supreme Court is one of the most interesting decisions we have seen recently in the field of the international jurisdiction of our courts in Family Law matters.
The husband, of Spanish nationality, married a Belarusian citizen in Belarus and they had a son, who, as the son of a Spaniard, also has Spanish nationality.
At the request of the husband, a Spanish court granted the divorce of the spouses, but rejected the application for other decisions concerning the minor child of the marriage (parental authority, custody, visiting arrangements, maintenance), on the grounds that the child was not living in Spain, but in Belarus with his mother, and the court lacked the information to establish a custody regime. This judgment was upheld by the Provincial Court, and the matter reached the Supreme Court.
Our High Court ruled that the Spanish courts do have jurisdiction to decide about these matters, on the grounds of section 12 of Regulation (EU) 2201/2003 (from June 2022 repealed by Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and international child abduction, but applicable to this case because it is the rule in force at the time).
Legal Advice on Parental Jurisdiction in Spain
If you are involved in a cross-border custody or visitation dispute, I can assess your situation and provide personalised legal advice on the jurisdiction of Spanish courts.
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