MD v CT (Rev 1) [2014] EWHC 871 (Fam) (25 March 2014)

MD v CT (Rev 1) [2014] EWHC 871 (Fam) (25 March 2014)

The mother was not served with the father's application for sole custody in sufficient time and in such a way as to enable her to arrange for her defence, and the father's conduct was more culpable. Therefore, the appeal succeeds under Article 23(c) of B2R and the French judgment is not recognised or enforced.

Citation
[2014] EWHC 871 (Fam)
Parties
Applicant: MD; Respondent/appellant: CT
Jurisdiction
England and Wales
Judgment Date
25 March 2014
Procedural Posture
Appeal / Appeal Against Registration and Enforcement Order
Outcome
Appeal allowed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Parental Responsibility, Child Residence, Service of Process, Public Policy Exception
Family Law International Law Recognition and Enforcement of Foreign Judgments Parental Responsibility Child Residence Service of Process Public Policy Exception

Case Brief

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Parties

MD

Applicant

CT

Respondent/appellant

Procedural Posture

Appeal / Appeal Against Registration and Enforcement Order

Legal Issues

  1. 1 Whether the French judgment should be recognised and enforced under Article 23 of Council Regulation (EC) No 2201/2003 (B2R)
  2. 2 Whether recognition is manifestly contrary to public policy taking into account the best interests of the child
  3. 3 Whether the mother was properly served in sufficient time and in such a way as to enable her to arrange for her defence

Ratio Decidendi

The mother was not served with the father's application for sole custody in sufficient time and in such a way as to enable her to arrange for her defence, and the father's conduct was more culpable. Therefore, the appeal succeeds under Article 23(c) of B2R and the French judgment is not recognised or enforced.

Court Disposition

Appeal allowed

Orders

  • Registration and enforcement of the French judgment set aside
  • Proceedings to continue under the Hague Convention application