Habitual residency of the minor and competent courts to modify a judicial resolutionon the right of visit. Jurisprudential application of articles 8 and 9 of regulation (EC) 2201/2003

Abstract

His Order questions the international judicial competence of the Spanish courts in mat­ters of parental responsibility of a minor who changed habitual residence to another Member State: Germany. Article 9 of Regulation (EC) nº 2201/2003 is an exception to the general criterion of deter­mination of international jurisdiction and is only activated when all the requirements demanded by this rule are met. The Chamber understood that all the conditions were not met, since there was no previous judicial ruling regarding the visiting right that required an amendment due to the transfer of the minor to another Member State, and that it makes no sense in this case to alter a decision non-existent judicial.