EDG v RR

EDG v RR

The applicant is entitled to apply for direct enforcement of the French maintenance order in the Principal Registry of the Family Division, as EU law (Maintenance Regulation) provides for direct enforcement under the same conditions as domestic orders, and the UK implementing regulations must be interpreted to allow this route.

Parties
Applicant: EDG; Respondent: RR
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Family Law – Child Maintenance Enforcement / Judgment on Application for Enforcement of Foreign Maintenance Order
Outcome
Application for direct enforcement in the Principal Registry allowed
Legal Topics
Enforcement of Foreign Maintenance Orders, EU Maintenance Regulation, Direct Vs Delegated Enforcement, Jurisdiction of English Courts, Interpretation of Statutory Instruments
Family Law International Law Civil Procedure Enforcement of Foreign Maintenance Orders EU Maintenance Regulation Direct Vs Delegated Enforcement Jurisdiction of English Courts Interpretation of Statutory Instruments

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Parties

EDG

Applicant

RR

Respondent

Procedural Posture

Family Law – Child Maintenance Enforcement / Judgment on Application for Enforcement of Foreign Maintenance Order

Legal Issues

  1. 1 Whether an applicant can enforce a foreign (French) child maintenance order directly in the Principal Registry of the Family Division under the EU Maintenance Regulation
  2. 2 Interpretation of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 regarding enforcement routes

Ratio Decidendi

The applicant is entitled to apply for direct enforcement of the French maintenance order in the Principal Registry of the Family Division, as EU law (Maintenance Regulation) provides for direct enforcement under the same conditions as domestic orders, and the UK implementing regulations must be interpreted to allow this route.

Court Disposition

Application for direct enforcement in the Principal Registry allowed

Orders

  • The applicant may proceed with enforcement of the French maintenance order in the Principal Registry of the Family Division.