DP v DP (Rectification of Orders) (Rev 1)

DP v DP (Rectification of Orders) (Rev 1)

The court declined to rectify the September 2017 order because there was insufficient evidence that the respondent was habitually resident or had assets in the jurisdiction at the relevant time; therefore, the requirements for local jurisdiction under the Maintenance Regulation were not met.

Parties
Applicant: DP; Respondent: DP
Jurisdiction
England and Wales
Judgment Date
04 November 2020
Procedural Posture
Family / Application for Rectification of Order
Outcome
Application for rectification declined; declaration granted that applicant may apply for registration/declaration of enforceability
Legal Topics
Maintenance Regulation, Jurisdiction, Enforcement of Foreign Orders, Rectification of Orders
Family Law International Law Maintenance Regulation Jurisdiction Enforcement of Foreign Orders Rectification of Orders

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Parties

DP

Applicant

DP

Respondent

Procedural Posture

Family / Application for Rectification of Order

Legal Issues

  1. 1 Whether the court has power to rectify an order incorrectly registering a foreign maintenance order under the wrong regulation
  2. 2 Whether the applicant is entitled to apply for registration and declaration of enforceability of the French order
  3. 3 Whether the court should exercise its discretion to rectify the order

Ratio Decidendi

The court declined to rectify the September 2017 order because there was insufficient evidence that the respondent was habitually resident or had assets in the jurisdiction at the relevant time; therefore, the requirements for local jurisdiction under the Maintenance Regulation were not met.

Court Disposition

Application for rectification declined; declaration granted that applicant may apply for registration/declaration of enforceability

Orders

  • Application to rectify the September 2017 order is refused
  • Applicant is entitled to apply for registration/declaration of enforceability of the French order