L (A Child), Re

L (A Child), Re

The English court did not have jurisdiction as the child remained habitually resident in Portugal; the Portuguese order should be recognised under Article 21 BIIR as the public policy exception in Article 23(a) was not met. The mother's mental/emotional state did not reach the high threshold required to refuse...

Source-derived case information.

Parties
Appellant: Appellant Father; Respondent: Respondent Mother
Jurisdiction
England and Wales
Judgment Date
21 August 2012
Procedural Posture
Family Law Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Parental Responsibility, Jurisdiction, Recognition and Enforcement of Foreign Judgments, Habitual Residence, Public Policy Exception
Family Law Private International Law Parental Responsibility Jurisdiction Recognition and Enforcement of Foreign Judgments Habitual Residence Public Policy Exception

Source-derived case record

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 4 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Appellant Father

Appellant

Respondent Mother

Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the English court had jurisdiction under Brussels II Revised (BIIR) to entertain proceedings concerning the child L
  2. 2 Whether the Portuguese order should be recognised and enforced under BIIR Article 21
  3. 3 Whether recognition of the Portuguese order was manifestly contrary to public policy under Article 23(a) BIIR

Ratio Decidendi

The English court did not have jurisdiction as the child remained habitually resident in Portugal; the Portuguese order should be recognised under Article 21 BIIR as the public policy exception in Article 23(a) was not met. The mother's mental/emotional state did not reach the high threshold required to refuse recognition. The arrangement for alternating residence did not confer habitual residence in England.

Court Disposition

Appeal allowed

Orders

  • The Portuguese order is to be recognised in England under Article 21 BIIR.
  • The English court has no jurisdiction; jurisdiction lies with the Portuguese court.