AJ v FJ (Appeal Against Registration)

AJ v FJ (Appeal Against Registration)

The appeal was allowed and the registration of the Polish interim maintenance order was set aside because, although the respondent was found to be habitually resident in Poland at the time proceedings were instituted (satisfying Article 20(1)(c)), the appellant was not given proper notice of the proceedings or an opportunity to be heard or to appeal the decision, thus the ground for refusal under Article 22(e) was made out. The court declined to exercise its discretion to recognise the order in light of this due process failure.

Parties
Appellant: AJ; Respondent: FJ
Jurisdiction
England and Wales
Judgment Date
17 December 2024
Procedural Posture
Family Law Appeal / Appeal Against Registration of Foreign Maintenance Order
Outcome
Appeal allowed; registration of the Polish interim maintenance order set aside.
Legal Topics
Child Maintenance, Recognition and Enforcement of Foreign Judgments, Habitual Residence, Public Policy Exception, Due Process in Foreign Proceedings
Family Law Private International Law Child Maintenance Recognition and Enforcement of Foreign Judgments Habitual Residence Public Policy Exception Due Process in Foreign Proceedings

Case Brief

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Parties

AJ

Appellant

FJ

Respondent

Procedural Posture

Family Law Appeal / Appeal Against Registration of Foreign Maintenance Order

Legal Issues

  1. 1 Whether the Polish interim maintenance order dated 15 December 2022 should be recognised and enforced in England and Wales under the 2007 Hague Convention
  2. 2 Whether any of the bases for recognition under Article 20 of the 2007 Hague Convention are satisfied
  3. 3 Whether any grounds for refusal under Article 22 of the 2007 Hague Convention are made out, particularly due process and public policy

Ratio Decidendi

The appeal was allowed and the registration of the Polish interim maintenance order was set aside because, although the respondent was found to be habitually resident in Poland at the time proceedings were instituted (satisfying Article 20(1)(c)), the appellant was not given proper notice of the proceedings or an opportunity to be heard or to appeal the decision, thus the ground for refusal under Article 22(e) was made out. The court declined to exercise its discretion to recognise the order in light of this due process failure.

Court Disposition

Appeal allowed; registration of the Polish interim maintenance order set aside.

Orders

  • The registration of the Polish interim maintenance order dated 15 December 2022 is set aside.