The attitude of the defendant in the extension of jurisdiction in cases of parental responsibility. Regarding the orders of the Provincial Court of Barcelona, 533/2020, of December 18, 2020 and 24/2021, of January 28, 2021

Abstract

If the claim is filed by one of the parents in a Member State of Regulation (EC) 2201/2003 invoking Article 12.3, and the spatial circumstances for its application concur, the defendant must be summoned to verify whether or not he accepts the judicial jurisdiction international. Only once the placement is carried out is it possible to pronounce on its application. This argument is separated from the jurisprudence of the CJEU that requires that there be an agreement of the parties prior to the presentation of the claim, but is in line with the reform introduced by Regulation (EU) 2019/1111 in article 10.