GB v RNB

GB v RNB

The combination of documents and information provided by the father strongly suggests the mother was aware of and participated in the Romanian proceedings, thus there is no basis to refuse recognition of the Romanian judgment under Article 23 Brussels II Revised.

Parties
Applicant: GB; Respondent: RNB
Jurisdiction
England and Wales
Judgment Date
27 February 2013
Procedural Posture
Family Appeal / Appeal Against Registration of Foreign Custody Order
Outcome
Appeal dismissed; registration of Romanian order upheld
Legal Topics
Recognition of Foreign Judgments, Child Custody, Brussels II Revised, Service of Process
Family Law International Law Recognition of Foreign Judgments Child Custody Brussels II Revised Service of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

GB

Applicant

RNB

Respondent

Procedural Posture

Family Appeal / Appeal Against Registration of Foreign Custody Order

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 was properly served and had 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 and participated in the Romanian proceedings, thus there is no basis to refuse recognition of the Romanian judgment under Article 23 Brussels II Revised.

Court Disposition

Appeal dismissed; registration of Romanian order upheld

Orders

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