Brussels, 17/07/2015 (Agence Europe) - The court called upon to decide on parental responsibility is best placed to rule on the maintenance allowance payable by one of the parents in favour of his/her minor children, even if the divorce or legal separation is being decided by a court of another member state, the Court of Justice of the EU ruled in case C-184/14 on Thursday 16 July.
The case concerned two Italian nationals who live with their children in London. They opened divorce proceedings in Italy, asking the Italian court to settle the issue of custody of the children and of the maintenance allowances payable. The Italian court declared that it had jurisdiction to rule on the legal separation and the request for the maintenance allowance to the spouse but took the view that only the UK courts had jurisdiction to entertain proceedings relating to parental responsibility and, given that they were resident in London, the maintenance application in respect of the minor children.
The Court of Justice, to which the Italian Court of Cassation turned, ruled that it is indeed the British court that should determine the maintenance obligations towards the minor children. Thus, where the court of a member state hears proceedings involving divorce or legal separation while the issue of parental responsibility is being brought before a court of another member state, the application relating to maintenance of one of the parents in respect of that parent's minor children is ancillary to the proceedings concerning parental responsibility.
The Court says that the court with jurisdiction to entertain proceedings concerning parental responsibility is in the best position to evaluate in concreto the issues involved in the application relating to child maintenance: it can thus set the amount of that maintenance by adapting it according to the type of custody ordered, access rights and the duration of those rights and other factual elements relating to the exercise of parental responsibility. Such a solution is also consistent with the best interests of the child which, under EU law, must be a primary consideration. (Jan Kordys)
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