K v K [2009] EWCA Civ 986 (24 June 2009))

K v K [2009] EWCA Civ 986 (24 June 2009))

The President was entitled to prefer the expert evidence that Spanish public policy would prevent application of English law denying the unmarried father rights of custody, and this finding is not open to challenge on appeal. The ultimate question of rights of custody under the autonomous law of the Convention was not determined below, but the President's approach was correct.

Citation
[2009] EWCA Civ 986
Parties
Appellant: K; Respondent: K
Jurisdiction
England and Wales
Judgment Date
24 June 2009
Procedural Posture
Appeal From High Court (family Division) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Child Abduction, Rights of Custody, Hague Convention, Public Policy Exception
Family Law International Law Child Abduction Rights of Custody Hague Convention Public Policy Exception

Case Brief

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Parties

K

Appellant

K

Respondent

Procedural Posture

Appeal From High Court (family Division) / Appeal Judgment

Legal Issues

  1. 1 Whether the unmarried father had rights of custody under Spanish law and/or the autonomous international law of the Hague Convention
  2. 2 Whether Spanish public policy would prevent application of English law denying custody rights to the unmarried father

Ratio Decidendi

The President was entitled to prefer the expert evidence that Spanish public policy would prevent application of English law denying the unmarried father rights of custody, and this finding is not open to challenge on appeal. The ultimate question of rights of custody under the autonomous law of the Convention was not determined below, but the President's approach was correct.

Court Disposition

Appeal dismissed

Orders

  • Application granted
  • Appeal dismissed