LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
(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.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...