W v X (Jurisdiction in matters of parental responsibility) [2017] EUECJ C-499/15 (15 February 2017)

W v X (Jurisdiction in matters of parental responsibility) [2017] EUECJ C-499/15 (15 February 2017)

Once a decision on parental responsibility and maintenance obligations becomes final, and the child is habitually resident in another Member State, the courts of the original Member State lose jurisdiction for subsequent variations. Jurisdiction shifts to the courts of the Member State of the child's habitual...

Source-derived case information.

Citation
[2017] EUECJ C-499/15
Parties
Applicant: W; Applicant: V (child V); Respondent: X
Jurisdiction
European Union
Judgment Date
15 February 2017
Procedural Posture
Preliminary Ruling (cjeu) / Final Judgment
Outcome
Preliminary ruling issued; jurisdiction lies with the courts of the Member State of the child's habitual residence (Netherlands).
Legal Topics
Jurisdiction, Parental Responsibility, Maintenance Obligations, Recognition and Enforcement of Judgments, Habitual Residence
European Union Law Family Law Private International Law Jurisdiction Parental Responsibility Maintenance Obligations Recognition and Enforcement of Judgments Habitual Residence

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Parties

W

Applicant

V (child V)

Applicant

X

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Final Judgment

Legal Issues

  1. 1 Which Member State has jurisdiction to hear and determine an application for changes to the place of residence, maintenance amount, and contact arrangements for a minor child habitually resident in another Member State?
  2. 2 Do courts of the Member State that issued a final decision on parental responsibility and maintenance retain jurisdiction for subsequent variations if the child is now habitually resident elsewhere?

Ratio Decidendi

Once a decision on parental responsibility and maintenance obligations becomes final, and the child is habitually resident in another Member State, the courts of the original Member State lose jurisdiction for subsequent variations. Jurisdiction shifts to the courts of the Member State of the child's habitual residence, regardless of recognition issues with the original judgment.

Court Disposition

Preliminary ruling issued; jurisdiction lies with the courts of the Member State of the child's habitual residence (Netherlands).

Orders

  • Article 8 of Regulation (EC) No 2201/2003 and Article 3 of Regulation (EC) No 4/2009 must be interpreted as meaning that the courts of the Member State which made a final decision on parental responsibility and maintenance obligations no longer have jurisdiction to decide on an application for variation if the child...