E v The Child and Family Agency of Ireland & Ors

E v The Child and Family Agency of Ireland & Ors

The circumstances of this case do not meet the high threshold for refusal of recognition and enforcement under Article 23(2)(d) of the 1996 Hague Convention. The Irish High Court has properly considered E’s best interests, his views, and the risks, and the process and outcome are consistent with English law and practice. There is no manifest incompatibility with public policy.

Parties
Appellant: E; First Respondent: The Child and Family Agency of Ireland; Second Respondent: Lincolnshire County Council; Third Respondent: MA; Fourth Respondent: VA; Guardian: Sarah Williamson
Jurisdiction
England and Wales
Judgment Date
07 September 2024
Procedural Posture
Family Law – Recognition and Enforcement of Foreign Child Protection Order / Appeal From District Judge’s Recognition and Enforcement Order
Outcome
Appeal dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Child Welfare, Hague Convention 1996
Family Law Private International Law Recognition and Enforcement of Foreign Judgments Public Policy Exception Child Welfare Hague Convention 1996

Case Brief

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Parties

E

Appellant

The Child and Family Agency of Ireland

First Respondent

Lincolnshire County Council

Second Respondent

MA

Third Respondent

VA

Fourth Respondent

Sarah Williamson

Guardian

Procedural Posture

Family Law – Recognition and Enforcement of Foreign Child Protection Order / Appeal From District Judge’s Recognition and Enforcement Order

Legal Issues

  1. 1 Whether recognition and enforcement of an Irish Special Care Order under the 1996 Hague Convention should be refused as manifestly contrary to public policy of England and Wales, taking into account the best interests of the child

Ratio Decidendi

The circumstances of this case do not meet the high threshold for refusal of recognition and enforcement under Article 23(2)(d) of the 1996 Hague Convention. The Irish High Court has properly considered E’s best interests, his views, and the risks, and the process and outcome are consistent with English law and practice. There is no manifest incompatibility with public policy.

Court Disposition

Appeal dismissed

Orders

  • Recognition and enforcement of the Irish Special Care Order is confirmed; the Article 23(2)(d) exception is not met.