AB and BC (Children)

AB and BC (Children)

The children are habitually resident in England, are settled and integrated, and have consistently expressed their wish to remain with their mother. Spanish proceedings have concluded, and jurisdiction now lies with the English court. Enforcement of Spanish orders is irreconcilable with the children's welfare and the guardian's recommendations. Appeal against enforcement is allowed; child arrangement orders are made for the children to live with their mother and have contact with their father under specified conditions.

Parties
Applicant/appellant: M; 1st Respondent: F; 2nd & 3rd Respondents: AB & BC (through their guardian Jacqueline Roddy)
Jurisdiction
England and Wales
Judgment Date
03 February 2020
Procedural Posture
Family / Final Judgment
Outcome
Appeal against enforcement allowed; child arrangement orders granted.
Legal Topics
Child Custody, Habitual Residence, Jurisdiction, Enforcement of Foreign Judgments, Parental Responsibility
Family Law International Private Law Child Custody Habitual Residence Jurisdiction Enforcement of Foreign Judgments Parental Responsibility

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Parties

M

Applicant/appellant

F

1st Respondent

AB & BC (through their guardian Jacqueline Roddy)

2nd & 3rd Respondents

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether English courts have jurisdiction over child arrangements following Spanish orders
  2. 2 Whether enforcement of Spanish custody orders is contrary to public policy and best interests of the children
  3. 3 Habitual residence of the children

Ratio Decidendi

The children are habitually resident in England, are settled and integrated, and have consistently expressed their wish to remain with their mother. Spanish proceedings have concluded, and jurisdiction now lies with the English court. Enforcement of Spanish orders is irreconcilable with the children's welfare and the guardian's recommendations. Appeal against enforcement is allowed; child arrangement orders are made for the children to live with their mother and have contact with their father under specified conditions.

Court Disposition

Appeal against enforcement allowed; child arrangement orders granted.

Orders

  • AB and BC to live with their mother, M.
  • AB and BC to have contact with their father, F, in England and Spain, at dates and times to be agreed no less than 3 months in advance; in default, first half of all school holidays to be spent with F.