FX and MJX v CAFCASS Legal

FX and MJX v CAFCASS Legal

The Philippine adoption order is recognised under the inherent jurisdiction because the applicants were domiciled in the Philippines at the time, the adoption was lawful and equivalent in effect to an English adoption, and there is no public policy reason to refuse recognition. The declaration of status under s57 Family Law Act 1986 is refused because the children do not have the necessary domicile or habitual residence in England and Wales.

Parties
Applicant: F X; Applicant: M J X; Advocate to the Court: CAFCASS Legal
Jurisdiction
England and Wales
Judgment Date
18 May 2020
Procedural Posture
Family / Judgment After Hearing of Application for Recognition of Foreign Adoption and Declaration of Status
Outcome
Declaration recognising the Philippine adoption order granted under the inherent jurisdiction; application for declaration of status under s57 Family Law Act 1986 dismissed.
Legal Topics
Recognition of Foreign Adoption, Domicile, Declaration of Status, Inherent Jurisdiction, Public Policy in Adoption
Family Law Private International Law Recognition of Foreign Adoption Domicile Declaration of Status Inherent Jurisdiction Public Policy in Adoption

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Parties

F X

Applicant

M J X

Applicant

CAFCASS Legal

Advocate to the Court

Procedural Posture

Family / Judgment After Hearing of Application for Recognition of Foreign Adoption and Declaration of Status

Legal Issues

  1. 1 Whether the Philippine adoption order should be recognised under the inherent jurisdiction of the court
  2. 2 Whether a declaration of status under section 57 Family Law Act 1986 should be granted

Ratio Decidendi

The Philippine adoption order is recognised under the inherent jurisdiction because the applicants were domiciled in the Philippines at the time, the adoption was lawful and equivalent in effect to an English adoption, and there is no public policy reason to refuse recognition. The declaration of status under s57 Family Law Act 1986 is refused because the children do not have the necessary domicile or habitual residence in England and Wales.

Court Disposition

Declaration recognising the Philippine adoption order granted under the inherent jurisdiction; application for declaration of status under s57 Family Law Act 1986 dismissed.

Orders

  • Declaration under inherent jurisdiction recognising the adoption of AX and BX by FX and MX.
  • Application under s57 Family Law Act 1986 dismissed.