Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » EU Court rules on cross-border custody of children

    EU Court rules on cross-border custody of children

    npsnps14 January 2010Updated:9 July 2024 focus
    — Filed under: Custody EU Law Family law Social
    Share
    Facebook Twitter LinkedIn Pinterest Email

    By Leo Gasteen

    The European Court of Justice (ECJ) ruled that a court of a Member State in which a child resides cannot provisionally grant custody of the child to one parent if a court of another Member State, which has jurisdiction as to the substance of the case, has already given custody to the other parent.

    The judgement comes after the Višje sodišce v Mariboru (Court of Appeal, Maribor, Slovenia) asked the ECJ whether a court of the Member State in whose territory the child is present can take a provisional measure giving custody of a child to one parent, where a court of another Member State has already delivered a judgment provisionally granting custody of the child to the other parent, and that judgment has been declared enforceable in the former Member State.

    On one hand the ECJ acknowledged that the courts of a Member State in which the child is present are entitled to take the provisional or protective measures available under the law of that State only on condition that three cumulative conditions are satisfied.

    1. The measures concerned must be urgent,
    2. They must be taken in respect of persons or assets in the Member State  where those courts are situated,
    3. They must be provisional. 

    On the other hand, however, the ECJ acknowledged that there is a situation of urgency in a case (such as the present one) that would run counter to the principle of mutual recognition of judgments given in the Member States, a principle which is itself based on the principle of mutual trust between Member States.

    If a change of circumstances resulting from a gradual process, such as the child’s integration into a new environment, were enough to entitle a court not having jurisdiction, any delay in the enforcement procedure in the requested Member State would contribute to creating the conditions that would allow the former court to block the enforcement of the judgment that had been declared enforceable. The ECJ decided such an interpretation would undermine the very principles on which the regulation is based.

    The source of the request lies within complex family law case of Jasna Deticek v Maurizio Sgueglia. Ms Deticek, of Slovene nationality, and Mr Sgueglia, of Italian nationality, a married couple in the course of divorce proceedings, lived in Italy for 25 years. On 25 July 2007 the competent court in Tivoli (Italy)  provisionally granted sole custody of Antonella to Mr Sgueglia and ordered her to be placed provisionally in a children’s home in Rome. On the same day Ms Deticek left Italy with her daughter to travel to Slovenia, where they are still living today.

    By a judgment of the Slovenian court, the order of the Tribunale di Tivoli was declared enforceable in the territory of the Republic of Slovenia. On the basis of that judgment, the enforcement procedure for the child’s return to her father, with placement in the children’s home, was started.

    Subsequently, relying on a change in circumstances and on the interests of the child, the Slovenian court, on application by Ms Deticek, granted her provisional custody of Antonella. The court found that Antonella had settled into her social environment in Slovenia. Return to Italy and enforced placement in a children’s home would be contrary to her welfare, as it would cause her irreversible physical and psychological trauma. In addition, during the judicial proceedings in Slovenia, Antonella had expressed the wish to remain with her mother.

    The Višje sodišce v Mariboru (Court of Appeal, Maribor), to which Mr Sgueglia then appealed, asked the ECJ whether a court of the Member State in whose territory the child is present can take a provisional measure giving custody of a child to one parent, where a court of another Member State has already delivered a judgment provisionally granting custody of the child to the other parent, and that judgment has been declared enforceable in the former Member State.

    The ECJ concluded that the law of the Union does not allow a court of a Member State to take a provisional measure in matters of parental responsibility granting custody of a child who is in the territory of that Member State to one parent, where a court of another Member State, which has jurisdiction as to the substance of the dispute relating to custody of the child, has already delivered a judgment provisionally giving custody of the child to the other parent, and that judgment has been declared enforceable in the former Member State.

     

    European Court of Justice – Justice and Application – Full text

     

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Online teaching call centre - Photo by MART PRODUCTION on Pexels

    Why Europe’s AI Translation Boom Still Needs a Human in the Loop in 2026

    Business finance - Image by Credit Commerce from Pixabay

    UK Lenders Unite with £11 Billion Boost to Support British Businesses

    Dentist - Photo by Andrea Piacquadio on Pexels

    Why are more dentists offering cosmetic treatments?

    Lawyer - Photo by Pavel Danilyuk on Pexels

    What You Need To Know About Inheriting a Business in the UK

    Mortgage advice - Photo by RDNE Stock project on Pexels

    Mortgage Rates Rise As Bridging Rates Fall

    Business conference - Image by SNCR GROUP from Pixabay

    The Hidden Workforce Behind Successful Business Events: Event Staffing Explained

    LATEST EU NEWS
    House sparrow - Photo by Alexas Fotos on Pexels

    Brussels issues guidance for ‘more balanced’ rules on protecting wild birds

    1 April 2026
    Bankruptcy - Image by Michael Schüller from Pixabay

    EU Council greenlights common EU rules for insolvency proceedings

    30 March 2026
    European-made armoured vehicles - Photo © European Union 2025

    Brussels EUR 1.5 bn work programme to boost European and Ukrainian defence industry

    30 March 2026
    Trade port cargo - Image by Pexels from Pixabay

    Landmark deal for reform of EU Customs Union

    27 March 2026
    E-commerce - Photo by Antoni Shkraba Studio on Pexels

    1 in 3 online traders in Europe incorrectly displayed discounts on Black Friday and Cyber Monday

    26 March 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?