Custody of partner: Court of First Instance number 14 of Barcelona, 2013.
- December 19, 2014
- Sara Benjelali
- No comments
The mother is English and the father is Spanish. The parents are not married and has two minor children, one born in Spain and one in London. Residing in Spain and for work of the father, so he moved temporarily to China for two years renewable for another two years, after which the parents agree to return to Spain. Once in China coexistence deteriorates and the parents decide to separate. The mother threatens to move to live with their children to London, even without parental consent. Interpose application for interim relief and main demand care and custody litigation, since the Spanish legislation establishes the international jurisdiction of the Spanish Courts on parent-child relationships, where the applicant is Spanish or habitually resident in Spain. We request the transfer and notification of the application pursuant to the Treaty between the Kingdom of Spain and the PRC on Assistance in Civil and Commercial Matters, with additional application of the Hague Convention of 1965. The Court granted the father custody shared requested by him, stating that the parties will refrain from unilateral decisions on their responsibilities under the affiliation by submitting the dispute to arise to the judicial decision of the English courts.