Cross-border movement and temporary fixing of the criterion of habitual residence of the child as a forum of international judicial competence: commentary on the Order of the Provincial Court of Córdoba of july 16, 2020

Abstract

This judicial resolution, issued in the framework of a dispute derived from the claim to exercise the right of visitation raised by the paternal grandmother of the two minors in a case with an internationality element, resolves a recurring issue in these cases and specified in the need to analyze and temporarily fix the time of the change of habitual residence of the mother and her two minor children, who move from Spain to Germany with the consent of the father. From a procedural dimension, the Order correctly resolves the determination of which courts are internationally competent to analyze the modification of measures requested and linked to the exercise of access rights under Article 8 of Regulation 2201/2003.