R v E [2016] EWHC 3113 (Fam) (28 November 2016)

R v E [2016] EWHC 3113 (Fam) (28 November 2016)

The district judge's orders registering and enforcing the Spanish child orders must be set aside because the court was not informed of the pending appeal in Spain, depriving the judge of the opportunity to exercise her discretion to stay proceedings under the Family Procedure Rules. The matter is remitted for...

Source-derived case information.

Citation
[2016] EWHC 3113 (Fam)
Parties
Applicant: R; Respondent: E
Jurisdiction
England and Wales
Judgment Date
28 November 2016
Procedural Posture
Appeal From Registration and Enforcement of Foreign Child Orders / Interlocutory Judgment on Appeal Against Registration and Enforcement Orders
Outcome
Appeal allowed; district judge's orders set aside; stay imposed; child joined as party; CAFCASS guardian appointed for daughter; further directions ordered.
Legal Topics
Child Custody, Enforcement of Foreign Judgments, Habitual Residence, Appeal Procedure, Parental Responsibility
Family Law Private International Law Child Custody Enforcement of Foreign Judgments Habitual Residence Appeal Procedure Parental Responsibility

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Summary, issues, holding and outcome

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Parties

R

Applicant

E

Respondent

Procedural Posture

Appeal From Registration and Enforcement of Foreign Child Orders / Interlocutory Judgment on Appeal Against Registration and Enforcement Orders

Legal Issues

  1. 1 Whether the district judge erred in registering and enforcing Spanish child orders without considering a pending appeal in Spain
  2. 2 Whether proceedings for registration and enforcement should be stayed pending the Spanish appeal
  3. 3 Whether the children's wishes and feelings have been properly ascertained

Ratio Decidendi

The district judge's orders registering and enforcing the Spanish child orders must be set aside because the court was not informed of the pending appeal in Spain, depriving the judge of the opportunity to exercise her discretion to stay proceedings under the Family Procedure Rules. The matter is remitted for reconsideration, with a stay imposed pending further directions and ascertainment of the children's wishes and feelings.

Court Disposition

Appeal allowed; district judge's orders set aside; stay imposed; child joined as party; CAFCASS guardian appointed for daughter; further directions ordered.

Orders

  • Set aside the orders of the district judge dated 5 October 2016 registering and enforcing the Spanish orders.
  • Stay the proceedings for registration and enforcement of the Spanish orders until further order.