Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters

The Italian Supreme Court (Corte Suprema di Cassazione, Sezione Prima Civile), with a decision published on the 1st of December (n. 24542/2016), has determined that the foreign judgment on divorce should be recognized in Italy although it hangs a separation

Spain – On the use of mediation for the enforcement of a return order of children in a child abduction case

Spain – On the use of mediation for the enforcement of a return order of children in a child abduction case

The decision of the Provincial Court (Audiencia Provincial) of Barcelona nº 573/2013 of 1 October 2013, though rendered some years ago, outstands as it considers the use of mediation in the enforcement of a child return order in a child

Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?

It is the first time ever that the issue of marriage annulment is the subject of a ruling of the European Court of Justice. The facts of the case are however more complex than this limited issue. On 20 November

BRUSSELS II RECAST PROPOSAL CLARIFIES THE RULES ON CROSS-BORDER PLACEMENT ON CHILDREN

BRUSSELS II RECAST PROPOSAL CLARIFIES THE RULES ON CROSS-BORDER PLACEMENT ON CHILDREN

The recast proposal of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (hereafter, “the Proposal”) was published