Competencia judicial internacional para la modificación de sentencia en materia deresponsabilidad parental y de obligaciones alimenticiasSTJUE de 15 de febrero de 2017, asunto C-499/15: W y V

Resumo

This paper comments the Judgment of the Court of Justice of 15 February 2017 (In Case C–499/15). It raises the alternatives that are discussed by doctrine and Praxis about the classical issue of modification or variation of the measures taken by a judge in parental responsibility and maintenance matters. The author agrees with the TJ as to the solution granted in matters of international jurisdiction. That is that the courts of the Member State which made a decision that has be come final concerning parental responsibility and maintenance obligations with regard to a minor child no longer have jurisdiction to decide on an application for variation of the provisions ordered in that decision, to the extent that the habitual residence of the child is in another Member State. It is the courts of the Member State of (current) habitual residence that have jurisdiction to decide on that application.