K v K

K v K

The President's finding that Spanish courts would not apply English law denying the unmarried father rights of custody, as it would offend Spanish public policy, was based on clear expert evidence and is not open to challenge. Furthermore, under the autonomous international law of the Hague Convention, the father would be found to have rights of custody.

Parties
Appellant: K; Respondent: K
Jurisdiction
England and Wales
Judgment Date
24 June 2009
Procedural Posture
Family Law Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Hague Convention, Rights of Custody, Public Policy Exception, Unmarried Fathers' Rights
Family Law International Child Abduction Hague Convention Rights of Custody Public Policy Exception Unmarried Fathers' Rights

Case Brief

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Parties

K

Appellant

K

Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Spanish court would refuse to apply English law regarding unmarried fathers' rights of custody on grounds of Spanish public policy
  2. 2 Whether the father had rights of custody under the autonomous international law of the Hague Convention

Ratio Decidendi

The President's finding that Spanish courts would not apply English law denying the unmarried father rights of custody, as it would offend Spanish public policy, was based on clear expert evidence and is not open to challenge. Furthermore, under the autonomous international law of the Hague Convention, the father would be found to have rights of custody.

Court Disposition

Appeal dismissed

Orders

  • Application granted
  • Appeal dismissed