U (Recognition and Enforcement of Orders under the 1996 Hague Convention), Re

U (Recognition and Enforcement of Orders under the 1996 Hague Convention), Re

The July 2022 French order is recognized and enforceable in England as none of the Article 23(2) exceptions apply. The September 2022 order is not recognized because it was time-limited and expired without extension by the French court, as required by its terms. There is no need to consider public policy objections to the September 2022 order.

Parties
Applicant: The Mother; First Respondent: The Father; Second Respondent: U (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Family / Application for Recognition and Enforcement of Foreign Child Orders Under the 1996 Hague Convention
Outcome
French order of July 2022 recognized and enforceable; French order of September 2022 not recognized as expired.
Legal Topics
Recognition and Enforcement of Foreign Orders, Parental Responsibility, Child Arrangements, Jurisdiction Under Hague Convention, Public Policy Exception
Family Law Private International Law Recognition and Enforcement of Foreign Orders Parental Responsibility Child Arrangements Jurisdiction Under Hague Convention Public Policy Exception

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Parties

The Mother

Applicant

The Father

First Respondent

U (by their Children’s Guardian)

Second Respondent

Procedural Posture

Family / Application for Recognition and Enforcement of Foreign Child Orders Under the 1996 Hague Convention

Legal Issues

  1. 1 Whether the French orders of July 2022 and September 2022 concerning child U should be recognized and enforced in England under the 1996 Hague Convention
  2. 2 Whether recognition and enforcement should be refused under Article 23 of the 1996 Hague Convention, particularly on public policy grounds

Ratio Decidendi

The July 2022 French order is recognized and enforceable in England as none of the Article 23(2) exceptions apply. The September 2022 order is not recognized because it was time-limited and expired without extension by the French court, as required by its terms. There is no need to consider public policy objections to the September 2022 order.

Court Disposition

French order of July 2022 recognized and enforceable; French order of September 2022 not recognized as expired.

Orders

  • Recognition and enforcement of the French order of July 2022 concerning U's placement with the father and supervised contact for the mother.
  • No recognition or enforcement of the French order of September 2022 as it has expired.