GB v RNB [2013] EWHC 414 (Fam) (27 February 2013)

GB v RNB [2013] EWHC 414 (Fam) (27 February 2013)

The combination of documents and information provided by the father strongly suggests the mother was aware of the Romanian proceedings and had opportunity to be heard; therefore, there is no basis to refuse recognition of the Romanian judgment under Article 23.

Citation
[2013] EWHC 414 (Fam)
Parties
Applicant: GB; Respondent: RNB
Jurisdiction
England and Wales
Judgment Date
27 February 2013
Procedural Posture
Family Law Appeal / Appeal Against Registration of Foreign Judgment
Outcome
Appeal dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Child Custody, Brussels II Revised, Service of Process
Family Law International Private Law Recognition and Enforcement of Foreign Judgments Child Custody Brussels II Revised Service of Process

Case Brief

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Parties

GB

Applicant

RNB

Respondent

Procedural Posture

Family Law Appeal / Appeal Against Registration of Foreign Judgment

Legal Issues

  1. 1 Whether the Romanian custody order should be recognised and registered in England under Brussels II Revised
  2. 2 Whether the mother had proper notice and opportunity to be heard in Romanian proceedings

Ratio Decidendi

The combination of documents and information provided by the father strongly suggests the mother was aware of the Romanian proceedings and had opportunity to be heard; therefore, there is no basis to refuse recognition of the Romanian judgment under Article 23.

Court Disposition

Appeal dismissed

Orders

  • Stay on enforcement of Romanian order until 19 April 2013
  • Mother may apply for further stay if justified