M v B [2016] EWHC 1657 (Fam) (10 June 2016)

M v B [2016] EWHC 1657 (Fam) (10 June 2016)

The arrangement in 2013 was temporary due to the mother’s illness, not a permanent transfer of residence. The father’s retention of the children was wrongful under the extant 2008 French order. The passage of time and the children’s wishes do not amount to such a serious welfare consideration as to make...

Source-derived case information.

Citation
[2016] EWHC 1657 (Fam)
Parties
Applicant: M; Respondent: B
Jurisdiction
England and Wales
Judgment Date
10 June 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Recognition and Enforcement of Foreign Orders, Parental Responsibility, Child Welfare, Brussels II Revised Regulation, Hague Convention
Family Law International Child Law Recognition and Enforcement of Foreign Orders Parental Responsibility Child Welfare Brussels II Revised Regulation Hague Convention

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Parties

M

Applicant

B

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the French residence order of 2008 should be recognised and enforced in England under Brussels II Revised Regulation
  2. 2 Whether recognition/enforcement would be manifestly contrary to public policy under Article 23(a) taking into account the best interests of the children

Ratio Decidendi

The arrangement in 2013 was temporary due to the mother’s illness, not a permanent transfer of residence. The father’s retention of the children was wrongful under the extant 2008 French order. The passage of time and the children’s wishes do not amount to such a serious welfare consideration as to make recognition/enforcement manifestly contrary to public policy. The appeal fails; the French order must be recognised and enforced.

Court Disposition

Appeal dismissed

Orders

  • Recognition and enforcement of the 2008 French residence order in favour of the mother
  • Discharge of Holman J's order preventing removal of children from jurisdiction