C v D (No 2) (2007 Hague Convention) [2024] EWFC 36 (27 February 2024)

C v D (No 2) (2007 Hague Convention) [2024] EWFC 36 (27 February 2024)

The appeal was dismissed because none of the grounds for refusing recognition and enforcement under the 2007 Hague Convention were established: the US court had jurisdiction, the father had notice and opportunity to be heard, there was no procedural fraud, and no incompatibility with English orders.

Citation
[2024] EWFC 36
Parties
Appellant: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
27 February 2024
Procedural Posture
Family Law Appeal / Appeal Rehearing Following Remittal by Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Child Maintenance, Recognition and Enforcement of Foreign Orders, Jurisdiction, Due Process, Fraud Allegations
Family Law Private International Law Child Maintenance Recognition and Enforcement of Foreign Orders Jurisdiction Due Process Fraud Allegations

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Parties

C

Appellant

D

Respondent

Procedural Posture

Family Law Appeal / Appeal Rehearing Following Remittal by Court of Appeal

Legal Issues

  1. 1 Whether registration of a US child support order should be refused under the 2007 Hague Convention grounds, including lack of jurisdiction, lack of notice, fraud, incompatibility with English orders, and due process.

Ratio Decidendi

The appeal was dismissed because none of the grounds for refusing recognition and enforcement under the 2007 Hague Convention were established: the US court had jurisdiction, the father had notice and opportunity to be heard, there was no procedural fraud, and no incompatibility with English orders.

Court Disposition

Appeal dismissed

Orders

  • Registration of the US child support order stands
  • No order as to costs