NG v OG

NG v OG

Recognition and enforcement of the Russian custody order for SG is refused because the Russian court did not provide SG with an opportunity to be heard, violating fundamental procedural principles under Article 23(2)(b) of the 1996 Hague Convention. Both children are declared habitually resident in the UK based on their integration and passage of time.

Parties
Applicant: NG; Respondent: OG
Jurisdiction
England and Wales
Judgment Date
09 December 2014
Procedural Posture
Family / Judgment
Outcome
Application for registration and enforcement of the Russian custody order refused; declaration of habitual residence in the UK granted.
Legal Topics
Recognition and Enforcement of Foreign Custody Orders, Habitual Residence, Child's Right to Be Heard, Hague Convention 1996, Parental Responsibility
Family Law International Child Law Recognition and Enforcement of Foreign Custody Orders Habitual Residence Child's Right to Be Heard Hague Convention 1996 Parental Responsibility

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Parties

NG

Applicant

OG

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the Russian custody order for SG should be registered and enforced in the UK
  2. 2 Whether SG and AG are habitually resident in the UK
  3. 3 Whether the children should be separately represented

Ratio Decidendi

Recognition and enforcement of the Russian custody order for SG is refused because the Russian court did not provide SG with an opportunity to be heard, violating fundamental procedural principles under Article 23(2)(b) of the 1996 Hague Convention. Both children are declared habitually resident in the UK based on their integration and passage of time.

Court Disposition

Application for registration and enforcement of the Russian custody order refused; declaration of habitual residence in the UK granted.

Orders

  • Application for separate representation of the children refused.
  • Application for registration and enforcement of Russian custody order refused.