Case study
Marilyn (M) and Jack (J) are Spanish and married in Spain. They have been married for 12 years. Blossom (B) is their only child and is 10 years old and has Spanish nationality. The family moved to The Netherlands 2 years ago because Jack has work in The Netherlands. Blossom goes to an English language school and has made friends in The Netherlands. Marilyn and Jack’s extended family live in Spain and they visit regularly during Blossom’s school holidays.
Jack and Marilyn’s marriage has broken down. Marilyn has issued divorce proceedings in Spain and plans to return to live in Spain. Jack wants to remain in The Netherlands where his work is based. Both Marilyn and Jack want custody of Blossom.
- Which court should make the decision about B’s future?
- If a judgment is given, and M and J eventually live in different countries, how are those arrangements given effect in both countries?
The first question is jurisdiction. Which court has the power to hear the dispute over Blossom’s welfare and give orders on custody and access?