R v E

R v E

The district judge's orders must be set aside because she was not given full information about the pending appeal in Spain, which was necessary for her to properly exercise her discretion under rule 31.9 to stay enforcement proceedings.

Parties
Applicant: R E; Respondent: R E
Jurisdiction
England and Wales
Judgment Date
28 November 2016
Procedural Posture
Family Law Child Custody and Enforcement / Appeal From District Judge's Orders on Registration and Enforcement of Foreign (spanish) Custody Orders
Outcome
District judge's orders set aside; daughter joined as party; stay of enforcement proceedings; further directions ordered
Legal Topics
Child Custody, Enforcement of Foreign Judgments, Parental Responsibility, Habitual Residence, Appeal Procedure
Family Law International Law Child Custody Enforcement of Foreign Judgments Parental Responsibility Habitual Residence Appeal Procedure

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Parties

R E

Applicant

R E

Respondent

Procedural Posture

Family Law Child Custody and Enforcement / Appeal From District Judge's Orders on Registration and Enforcement of Foreign (spanish) Custody Orders

Legal Issues

  1. 1 Whether the district judge's orders registering and enforcing Spanish custody orders should be set aside due to lack of disclosure of a pending appeal in Spain
  2. 2 Whether proceedings for registration and enforcement should be stayed pending the outcome of the Spanish appeal
  3. 3 Whether the daughter should be joined as a party and represented by a guardian

Ratio Decidendi

The district judge's orders must be set aside because she was not given full information about the pending appeal in Spain, which was necessary for her to properly exercise her discretion under rule 31.9 to stay enforcement proceedings.

Court Disposition

District judge's orders set aside; daughter joined as party; stay of enforcement proceedings; further directions ordered

Orders

  • Set aside the two orders of the district judge dated 5th October 2016 registering and permitting enforcement of the Spanish orders
  • Join the daughter as a party to the proceedings and direct representation by a CAFCASS guardian