LAB v KB (Abduction: Brussels II Revised) [2009] EWHC 2243 (Fam) (21 August 2009)

LAB v KB (Abduction: Brussels II Revised) [2009] EWHC 2243 (Fam) (21 August 2009)

The appeal against recognition of the Spanish residence order is dismissed because neither the passage of time nor the alleged deficiencies in the children's opportunity to be heard meet the high threshold for non-recognition under Article 23 of Brussels II Revised. The Spanish courts properly considered the children's wishes and feelings, and the substance of the order cannot be reviewed. Enforcement is ordered, with a short period for voluntary compliance, as the grounds for non-enforcement are not established.

Citation
[2009] EWHC 2243 (Fam)
Parties
Applicant/appellant: LAB; Respondent: KB
Jurisdiction
England and Wales
Judgment Date
21 August 2009
Procedural Posture
Family Law Appeal (recognition and Enforcement of Foreign Child Residence Order) / Appeal Against Registration/recognition and Enforcement of Spanish Residence Order Under Brussels II Revised
Outcome
Appeal dismissed; recognition and enforcement of Spanish residence order confirmed.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Parental Responsibility, Child Residence and Contact, Brussels II Revised (council Regulation EC 2201/2003), Public Policy Exception, Children's Wishes and Feelings, Human Rights (echr Articles 6 and 8)
Family Law Private International Law Child Law Recognition and Enforcement of Foreign Judgments Parental Responsibility Child Residence and Contact Brussels II Revised (council Regulation EC 2201/2003) Public Policy Exception +2 more

Case Brief

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Parties

LAB

Applicant/appellant

KB

Respondent

Procedural Posture

Family Law Appeal (recognition and Enforcement of Foreign Child Residence Order) / Appeal Against Registration/recognition and Enforcement of Spanish Residence Order Under Brussels II Revised

Legal Issues

  1. 1 Whether the Spanish residence order should be recognised and enforced in England under Brussels II Revised
  2. 2 Whether recognition/enforcement would be manifestly contrary to public policy or violate the children's rights to be heard
  3. 3 Whether a CAFCASS report or further welfare inquiry is required before recognition/enforcement

Ratio Decidendi

The appeal against recognition of the Spanish residence order is dismissed because neither the passage of time nor the alleged deficiencies in the children's opportunity to be heard meet the high threshold for non-recognition under Article 23 of Brussels II Revised. The Spanish courts properly considered the children's wishes and feelings, and the substance of the order cannot be reviewed. Enforcement is ordered, with a short period for voluntary compliance, as the grounds for non-enforcement are not established.

Court Disposition

Appeal dismissed; recognition and enforcement of Spanish residence order confirmed.

Orders

  • Appeal against recognition of Spanish order dismissed.
  • Enforcement of Spanish residence order granted, with short period for voluntary compliance before formal enforcement.