The wrong determination of the international jurisdiction when the children have the habitual residence in different member states: the judgment of the Spanish Court of Appeal of Lugo, number 44 /2018, of 11th april 2018

Abstract

The determination of the proper international jurisdiction in proceedings related to parental responsibility is particularly relevant due to the final consequences that this determination has on minors, main addressees of the measures that the competent courts will adopt on them. If we add to this a situation of habitual residence in different Member States and an international lis pendens foreclosure, the complexity of the case increases. Fortunately, the common rules of the Brussels II bis Regulation set clear criteria for the resolution of conflicts of competence such as the one raised in the case under analysis.