Delimiting criteria of the habitual residence concept in the intracomunity marriage crisis: judicial order of november 12, 2020 of the Tenth Section of the Valencia Provincial Court

Abstract

In the present order, the Provincial Court of Valencia faces once again the frequent problem of setting the limits, often blurred, between the change of the habitual residence or its mere temporary transfer. Specifically, it must decide whether the transfer of the habitual residence with the intention to stay which is frustrated after only two months due to the existence of an unexpected marital crisis, determines the loss of the habitual character of the previous habitual residence.