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23 DEC 2009

RESIDENCE/JURISDICTION: Deticek v Sgueglia (Case C-403/09 PPU)

(European Court of Justice; 23 December 2009)

The Slovenian mother and Italian father were married and lived in Italy. The Italian court provisionally granted sole custody to the father and placed the child in a children's home. The mother and child travelled to Slovenia where a court granted custody of the child to the mother, relying on a change of circumstances and the interests of child.

The ECJ considered Brussels II Revised regarding the scope of a state's jurisdiction. Held that the court of a member state in which the child was present could not provisionally grant custody of the child to one parent if a court of another member state, with jurisdiction as to substance of case, had already given custody to other parent.

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