LAB v KB (Abduction: Brussels II Revised)

LAB v KB (Abduction: Brussels II Revised)

The appeal against recognition of the Spanish residence order fails because neither the passage of time nor alleged defects in hearing the children's wishes amount to manifest public policy grounds or procedural unfairness under Article 23 of Brussels II Revised. Enforcement is ordered, as the regulation prohibits substantive review and the children have had their voice heard.

Parties
Applicant/appellant: LAB; Respondent: KB
Jurisdiction
England and Wales
Judgment Date
21 August 2009
Procedural Posture
Family / Appeal Against Registration and Enforcement of Foreign Residence Order
Outcome
Appeal dismissed; enforcement ordered
Legal Topics
Recognition and Enforcement of Foreign Judgments, Parental Responsibility, Child Welfare, Habitual Residence, Public Policy Exception
Family Law International Child Law Recognition and Enforcement of Foreign Judgments Parental Responsibility Child Welfare Habitual Residence Public Policy Exception

Case Brief

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Parties

LAB

Applicant/appellant

KB

Respondent

Procedural Posture

Family / Appeal Against Registration and Enforcement of Foreign Residence Order

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 is manifestly contrary to public policy considering the best interests of the children
  3. 3 Whether the children were given an opportunity to be heard in the Spanish proceedings

Ratio Decidendi

The appeal against recognition of the Spanish residence order fails because neither the passage of time nor alleged defects in hearing the children's wishes amount to manifest public policy grounds or procedural unfairness under Article 23 of Brussels II Revised. Enforcement is ordered, as the regulation prohibits substantive review and the children have had their voice heard.

Court Disposition

Appeal dismissed; enforcement ordered

Orders

  • Father's appeal against recognition of the Spanish order is dismissed
  • Spanish residence order is enforced in England