JRG v EB

JRG v EB

Given the primacy of the French court's order, the precedence of B2R over the Hague Convention, and the administrative route for recognition and enforcement, the Hague application is adjourned as adjudication would be pointless and wasteful; registration and appeal under B2R should be pursued instead.

Parties
Applicant: JRG; Respondent: EB
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Hague Convention Child Abduction Application / Preliminary Ruling; Application Adjourned Pending Registration of Foreign Order
Outcome
Hague Convention application adjourned; parties directed to pursue registration and appeal of French order under B2R.
Legal Topics
Recognition and Enforcement of Foreign Parental Responsibility Orders, Habitual Residence, Hague Convention Precedence, Council Regulation No. 2201/2003 (b2 R)
Family Law International Child Abduction Recognition and Enforcement of Foreign Parental Responsibility Orders Habitual Residence Hague Convention Precedence Council Regulation No. 2201/2003 (b2 R)

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Parties

JRG

Applicant

EB

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Preliminary Ruling; Application Adjourned Pending Registration of Foreign 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 parental responsibility order should be recognised and enforced in England
  3. 3 Whether the Hague Convention application should proceed given the precedence of B2R

Ratio Decidendi

Given the primacy of the French court's order, the precedence of B2R over the Hague Convention, and the administrative route for recognition and enforcement, the Hague application is adjourned as adjudication would be pointless and wasteful; registration and appeal under B2R should be pursued instead.

Court Disposition

Hague Convention application adjourned; parties directed to pursue registration and appeal of French order under B2R.

Orders

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