N (A Minor), Re

N (A Minor), Re

Recognition and enforcement of the Spanish appeal court order is mandatory under Brussels II Regulation as the delay and change of residence do not meet the stringent threshold of manifestly contrary to public policy, taking into account the best interests of the child; the mother's breach of her public commitment...

Source-derived case information.

Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
12 March 2014
Procedural Posture
Recognition and Enforcement of Foreign Judgment (parental Responsibility) / Judgment
Outcome
Spanish appeal court order of 20 December 2012 recognised and enforced under Brussels II Regulation; child to return to live with father in Spain.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Parental Responsibility, Child Custody, Brussels II Regulation, Hague Convention
Family Law International Law Recognition and Enforcement of Foreign Judgments Parental Responsibility Child Custody Brussels II Regulation Hague Convention

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Recognition and Enforcement of Foreign Judgment (parental Responsibility) / Judgment

Legal Issues

  1. 1 Whether the Spanish appeal court order of 20 December 2012 should be recognised and enforced under Brussels II Regulation in England and Wales
  2. 2 Whether delay and change of residence render recognition and enforcement manifestly contrary to public policy
  3. 3 Whether a full welfare hearing is required before recognition and enforcement

Ratio Decidendi

Recognition and enforcement of the Spanish appeal court order is mandatory under Brussels II Regulation as the delay and change of residence do not meet the stringent threshold of manifestly contrary to public policy, taking into account the best interests of the child; the mother's breach of her public commitment and the father's efforts to enforce the order reinforce this conclusion.

Court Disposition

Spanish appeal court order of 20 December 2012 recognised and enforced under Brussels II Regulation; child to return to live with father in Spain.

Orders

  • Spanish order recognised under Article 21 of Brussels II Regulation.
  • Spanish order enforced under Article 28 of Brussels II Regulation.