JRG v EB [2012] EWHC 1863 (Fam) (05 July 2012)

JRG v EB [2012] EWHC 1863 (Fam) (05 July 2012)

Given the primacy of the French court's welfare adjudication and the precedence of B2R over the Hague Convention, the proper route is registration and enforcement of the French order, not adjudication of the Hague application; the mother's Hague defences are not available in registration proceedings, and any challenge to recognition is highly unlikely to succeed.

Citation
[2012] EWHC 1863 (Fam)
Parties
Applicant: JRG; Respondent: EB
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Hague Convention Application Regarding Wrongful Retention of Children / Preliminary Hearing; Application Adjourned Pending Registration of French Order
Outcome
Application adjourned; no adjudication on Hague application
Legal Topics
Recognition and Enforcement of Foreign Judgments, Parental Responsibility, Habitual Residence, Public Policy Exception, Procedural Fairness
Family Law International Child Abduction European Union Law Recognition and Enforcement of Foreign Judgments Parental Responsibility Habitual Residence Public Policy Exception Procedural Fairness

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Parties

JRG

Applicant

EB

Respondent

Procedural Posture

Hague Convention Application Regarding Wrongful Retention of Children / Preliminary Hearing; Application Adjourned Pending Registration of French Order

Legal Issues

  1. 1 Whether the children were wrongfully retained in England contrary to the Hague Convention
  2. 2 Whether the French court's residence order should be recognised and enforced in England under Council Regulation No. 2201/2003 (B2R)
  3. 3 Whether the mother's defences under the Hague Convention are available in registration proceedings

Ratio Decidendi

Given the primacy of the French court's welfare adjudication and the precedence of B2R over the Hague Convention, the proper route is registration and enforcement of the French order, not adjudication of the Hague application; the mother's Hague defences are not available in registration proceedings, and any challenge to recognition is highly unlikely to succeed.

Court Disposition

Application adjourned; no adjudication on Hague application

Orders

  • Applicant to apply for registration of French order under Art 28(1) and FPR 2010 rule 31.8 within a week
  • Senior District Judge to deal with registration application personally