S (A Child) , Re

S (A Child) , Re

The correct appellate route for an appeal against registration of a foreign custody order under Brussels II bis is to the Family Division of the High Court, as specified in the lists notified under article 68. No permission to appeal is required for the first appeal, but permission is required for a second appeal to...

Source-derived case information.

Parties
Appellant: Appellant mother; Respondent: Respondent father
Jurisdiction
England and Wales
Judgment Date
16 June 2009
Procedural Posture
Family Law Appeal / Appeal From High Court to Court of Appeal; Procedural Determination
Outcome
Appeal remitted to High Court
Legal Topics
Child Custody, Enforcement of Foreign Judgments, Appeals Procedure, Parental Responsibility, Mediation
Family Law International Law Civil Procedure Child Custody Enforcement of Foreign Judgments Appeals Procedure Parental Responsibility Mediation

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Parties

Appellant mother

Appellant

Respondent father

Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court to Court of Appeal; Procedural Determination

Legal Issues

  1. 1 What is the correct appellate route for an appeal against registration of a foreign custody order under Brussels II bis?
  2. 2 Is permission to appeal required for such an appeal?
  3. 3 Should a CAFCASS officer be appointed to provide a welfare report?

Ratio Decidendi

The correct appellate route for an appeal against registration of a foreign custody order under Brussels II bis is to the Family Division of the High Court, as specified in the lists notified under article 68. No permission to appeal is required for the first appeal, but permission is required for a second appeal to the Court of Appeal. The High Court judge may, in discretion, request a CAFCASS officer's report to assist in determining the child's best interests under the public policy exception.

Court Disposition

Appeal remitted to High Court

Orders

  • Mother's evidence in support of her first appeal to be filed by 23 June; father's evidence 14 days thereafter; mother's reply 7 days after that.
  • Mother may amend her Notice of Appeal within 7 days.