ET v TZ

ET v TZ

Recognition and enforcement of the Polish interim residence order is not manifestly contrary to public policy, nor was the child's right to be heard violated given his age and the existence of a welfare report; therefore, the order must be recognised and enforced under Brussels II Revised.

Parties
Applicant: ET; Respondent: TZ; Child: B
Jurisdiction
England and Wales
Judgment Date
06 August 2013
Procedural Posture
Family / Judgment
Outcome
Declaration of enforcement granted; Polish interim residence order recognised and enforced.
Legal Topics
Recognition and Enforcement of Foreign Orders, Brussels II Revised, Hague Convention, Interim Residence Orders
Family Law International Child Abduction Recognition and Enforcement of Foreign Orders Brussels II Revised Hague Convention Interim Residence Orders

Case Brief

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Parties

ET

Applicant

TZ

Respondent

B

Child

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the Polish interim residence order should be recognised and enforced under Brussels II Revised
  2. 2 Whether recognition is manifestly contrary to public policy taking into account the best interests of the child
  3. 3 Whether the child was given an opportunity to be heard in the Polish proceedings

Ratio Decidendi

Recognition and enforcement of the Polish interim residence order is not manifestly contrary to public policy, nor was the child's right to be heard violated given his age and the existence of a welfare report; therefore, the order must be recognised and enforced under Brussels II Revised.

Court Disposition

Declaration of enforcement granted; Polish interim residence order recognised and enforced.

Orders

  • The Polish interim residence order of 30th September 2010 is recognised and enforced.
  • No guidance issued on phased return or timing of handover; immediate return sought by applicant.