HIBAPRESS – Tangier
The Provincial Court of Appeal in Malaga has overturned a previous ruling concerning the custody of a six-year-old child, concluding that his habitual residence is in Tangier, where he has been living and studying since 2021, and deeming that Spanish courts do not possess international jurisdiction to hear the dispute.
The court based its decision on school documents and entry and exit records from Spain, which showed that the child spent most of his time in Tangier, while his residence in Spain was primarily limited to summer holidays and other short periods. The judges considered that the center of his daily life and his actual stability is in Morocco.
The court did not consider the child's Spanish nationality sufficient to grant Spanish courts jurisdiction in the custody case, emphasizing that the criterion of the child's habitual residence is the decisive factor, especially with a parallel legal procedure existing in Morocco.
The ruling highlights the importance of the actual place of residence and schooling in resolving custody disputes involving Morocco and Spain.
