F v M [2018] EWHC 2106 (Fam) (03 August 2018)

F v M [2018] EWHC 2106 (Fam) (03 August 2018)

Recognition of the Russian order is refused because the child was not provided the opportunity to be heard, violating fundamental procedural principles, and because recognition would be manifestly contrary to public policy due to her refugee status and the consequences of removal.

Citation
[2018] EWHC 2106 (Fam)
Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
03 August 2018
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Register Foreign Order
Outcome
Appeal dismissed; recognition of Russian order refused.
Legal Topics
Recognition of Foreign Orders, Child's Right to Be Heard, Public Policy Exception, Refugee Status and Child Return, Discretion Under Hague Convention
Family Law International Child Law Immigration Law Recognition of Foreign Orders Child's Right to Be Heard Public Policy Exception Refugee Status and Child Return Discretion Under Hague Convention

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Parties

F

Applicant

M

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Register Foreign Order

Legal Issues

  1. 1 Whether the child was provided the opportunity to be heard in Russian proceedings
  2. 2 Whether recognition of the Russian order is manifestly contrary to public policy due to asylum status
  3. 3 Whether discretion should be exercised to refuse recognition despite findings under Article 23

Ratio Decidendi

Recognition of the Russian order is refused because the child was not provided the opportunity to be heard, violating fundamental procedural principles, and because recognition would be manifestly contrary to public policy due to her refugee status and the consequences of removal.

Court Disposition

Appeal dismissed; recognition of Russian order refused.

Orders

  • Appeal against District Judge Gibson's order is dismissed.
  • Objections under Article 23(2)(b) and (d) are upheld.