AA v TT

AA v TT

Recognition and enforcement of the Turkish custody order is refused because the decision was based on fundamentally mistaken facts regarding the mother's residence and care of the children, and enforcement would be manifestly incompatible with the welfare of the children, who are settled and thriving in England.

Parties
Applicant/father: AA; Respondent/mother: TT; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
16 October 2014
Procedural Posture
Recognition and Enforcement of Foreign Custody Order / Final Judgment
Outcome
Application for recognition and enforcement of Turkish custody order dismissed.
Legal Topics
Recognition and Enforcement of Foreign Custody Orders, European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children, Child Welfare, Habitual Residence, Change of Circumstances, Discretion Under Article 10
Family Law International Child Custody Private International Law Recognition and Enforcement of Foreign Custody Orders European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children Child Welfare Habitual Residence Change of Circumstances +1 more

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Parties

AA

Applicant/father

TT

Respondent/mother

Guardian

Children's Guardian

Procedural Posture

Recognition and Enforcement of Foreign Custody Order / Final Judgment

Legal Issues

  1. 1 Whether the Turkish custody order should be recognised and enforced in England under the European Convention
  2. 2 Whether the effects of the Turkish decision are manifestly incompatible with fundamental principles of English law relating to family and children
  3. 3 Whether a change in circumstances renders enforcement manifestly no longer in accordance with the welfare of the children

Ratio Decidendi

Recognition and enforcement of the Turkish custody order is refused because the decision was based on fundamentally mistaken facts regarding the mother's residence and care of the children, and enforcement would be manifestly incompatible with the welfare of the children, who are settled and thriving in England.

Court Disposition

Application for recognition and enforcement of Turkish custody order dismissed.

Orders

  • Recognition and enforcement of the Turkish custody order dated 26 November 2013 is refused.
  • No order for costs.