R (A Child) [2007] EWCA Civ 355 (22 March 2007)

R (A Child) [2007] EWCA Civ 355 (22 March 2007)

Jurisdiction lies with the English courts as the child has been habitually resident in England for more than three months following the Portuguese consent order; the consent order should be enforced with specified variations to focus on the child's welfare and reduce unnecessary litigation.

Citation
[2007] EWCA Civ 355
Parties
Respondent/father: Mr S; Appellant/mother: Mother (name not provided)
Jurisdiction
England and Wales
Judgment Date
22 March 2007
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed; application granted; variation of previous order as specified.
Legal Topics
Child Custody, Jurisdiction Under Brussels II Revised, Contact Orders, Enforcement of Foreign Orders
Family Law Private International Law Child Custody Jurisdiction Under Brussels II Revised Contact Orders Enforcement of Foreign Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr S

Respondent/father

Mother (name not provided)

Appellant/mother

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Jurisdiction for child contact and custody under Brussels II Revised
  2. 2 Enforcement and variation of foreign (Portuguese) consent order in England
  3. 3 Mother's compliance with contact order

Ratio Decidendi

Jurisdiction lies with the English courts as the child has been habitually resident in England for more than three months following the Portuguese consent order; the consent order should be enforced with specified variations to focus on the child's welfare and reduce unnecessary litigation.

Court Disposition

Appeal allowed; application granted; variation of previous order as specified.

Orders

  • First four paragraphs and paragraphs 6-9 of the previous order struck out; recitals and undertakings retained.
  • Contact for 2007 as per Schedule A; contact for 2008 and subsequent years as per Portuguese order, with variations to be made to the English court.