Judgment in Case C-403/09 PPU. Jasna Detiček v Maurizio Sgueglia

A court of a Member State in which a child is present 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. To accept that there was a situation of urgency in such a case would run counter to the principle of mutual recognition of judgments given in the Member States and to the legislature’s aim of deterring the wrongful removal or retention of children between Member States.

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