DP v DP (Rectification of Orders) (Rev 1) [2020] EWHC 3188 (Fam) (04 November 2020)

DP v DP (Rectification of Orders) (Rev 1) [2020] EWHC 3188 (Fam) (04 November 2020)

The court has power to rectify orders under FPR r.4.1(6), but rectification requires evidence that the respondent was habitually resident or had assets in the jurisdiction at the relevant time; such evidence was not provided, so rectification is refused.

Source-derived case information.

Citation
[2020] EWHC 3188 (Fam)
Parties
Applicant: DP; Respondent: DP
Jurisdiction
England and Wales
Judgment Date
04 November 2020
Procedural Posture
Family Law Enforcement / Application to Rectify Registration Order
Outcome
Application to rectify September 2017 order refused; applicant entitled to apply for registration/declaration of enforceability.
Legal Topics
Enforcement of Foreign Maintenance Orders, Jurisdiction, Rectification of Court Orders
Family Law International Law Enforcement of Foreign Maintenance Orders Jurisdiction Rectification of Court Orders

Source-derived case record

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Parties

DP

Applicant

DP

Respondent

Procedural Posture

Family Law Enforcement / Application to Rectify Registration Order

Legal Issues

  1. 1 Whether the court has power to rectify an order incorrectly registering a French maintenance order under BIIA instead of the Maintenance Regulation
  2. 2 Whether the applicant can establish jurisdiction for enforcement under the Maintenance Regulation

Ratio Decidendi

The court has power to rectify orders under FPR r.4.1(6), but rectification requires evidence that the respondent was habitually resident or had assets in the jurisdiction at the relevant time; such evidence was not provided, so rectification is refused.

Court Disposition

Application to rectify September 2017 order refused; applicant entitled to apply for registration/declaration of enforceability.

Orders

  • Refusal to rectify September 2017 order
  • Declaration that applicant may apply for registration/declaration of enforceability of French order