Competence of the spanish courts to decide on parental responsibility and food in respect of a minor who does not have a residence in the European Union

Abstract

The  Spanish courts are  competent to  hear  the  claim   regarding parental  responsibility even  if the  child  does  not  reside  in  a European Union State because  the  parents, Spaniards and  residents of  Spain, are the holders  of  that  responsibility and  expressly  accepted  the  competence when common  agreement they requested divorce.  Regarding  the  maintenance obligation, the  competence to decide corresponds to  the  jurisdictional body  that  is  also  competent to  hear  the  action regarding  parental  responsibility.