D v D & Anor

D v D & Anor

The Romanian contact order of 24 October 2006 was made before Romania's accession to the EU and is not enforceable under Brussels II Revised. The relevant judgment is the original order, not the later order declaring it enforceable. The transitional provisions of Article 64 do not apply to judgments made before accession. Therefore, the appeal is dismissed.

Parties
Appellant: AD; 1st Respondent: CD; 2nd Respondent: A (the child, represented by Mr T Gupta)
Jurisdiction
England and Wales
Judgment Date
12 December 2007
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Enforcement of Foreign Judgments, Parental Responsibility, Transitional Provisions Under EU Regulations, Jurisdiction Under Brussels II Revised
Family Law International Law EU Law Enforcement of Foreign Judgments Parental Responsibility Transitional Provisions Under EU Regulations Jurisdiction Under Brussels II Revised

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Parties

AD

Appellant

CD

1st Respondent

A (the child, represented by Mr T Gupta)

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a Romanian contact order made before Romania's EU accession is enforceable under Brussels II Revised
  2. 2 Whether the relevant enforceable judgment is the original order or the appellate order
  3. 3 Interpretation of transitional provisions under Article 64 of Brussels II Revised

Ratio Decidendi

The Romanian contact order of 24 October 2006 was made before Romania's accession to the EU and is not enforceable under Brussels II Revised. The relevant judgment is the original order, not the later order declaring it enforceable. The transitional provisions of Article 64 do not apply to judgments made before accession. Therefore, the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed