Special grounds of jurisdiction - Article 12(1)
Hearing a Parental Responsibility Dispute alongside a Divorce
Article 12(1) – The courts of a Member State exercising jurisdiction by virtue of Article 3 on an application for divorce... shall have jurisdiction in any matter relating to parental responsibility relating to that application where:
(a) at least one of the spouses had parental responsibility in relation to the child; and
(b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by the spousesand by the holders of parental responsibility, at the time the court is seised and it is in the superior interests of
the child.
- Article 12(1) links divorce jurisdiction, which is governed by Article 3 Brussels IIbis, to jurisdiction over associated parental responsibility disputes. This is a sensible provision permitting both the divorce and decisions about the future arrangements between the spouses regarding any children will be heard in the same court.
- Article 12(1) is not restricted to children of the marriage, where both parents will have parental responsibility, but covers the situation where only one parent may have parental responsibility e.g. step-children from a former
marriage.
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This was an incorrect answer.
M and J are likely to both hold parental responsibility over B and both must agree to a hearing in Spain but it must also be in the ‘superior interests of the child’.