W v W (Foreign Custody Order: Enforcement)

W v W (Foreign Custody Order: Enforcement)

The Irish custody orders are enforceable and should be recognised and enforced in England under the European Convention, as neither the Brussels II nor Brussels II Revised Regulations' transitional provisions are met due to lack of jurisdictional accord. The welfare and public policy exceptions are not satisfied; the order is not manifestly contrary to English public policy nor manifestly incompatible with the children's welfare. The Irish court's jurisdiction is accepted, and any challenge should be made in Ireland. The children's opposition and passage of time do not constitute sufficient change of circumstances to bar enforcement.

Parties
Plaintiff: W; Defendant: W; Advocate to the Court: CAFCASS Legal
Jurisdiction
England and Wales
Judgment Date
05 August 2005
Procedural Posture
Family / Judgment
Outcome
Application granted; Irish custody orders recognised and enforced.
Legal Topics
Enforcement of Foreign Custody Orders, Recognition of Foreign Judgments, Jurisdictional Challenges, Public Policy Exception, Children's Welfare, European Convention, Brussels II Regulation
Family Law International Child Custody Enforcement of Foreign Custody Orders Recognition of Foreign Judgments Jurisdictional Challenges Public Policy Exception Children's Welfare European Convention +1 more

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Parties

W

Plaintiff

W

Defendant

CAFCASS Legal

Advocate to the Court

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the Irish custody order should be recognised and enforced in England
  2. 2 Applicability of Brussels II/Brussels II Revised Regulations and European Convention
  3. 3 Jurisdictional validity of Irish proceedings

Ratio Decidendi

The Irish custody orders are enforceable and should be recognised and enforced in England under the European Convention, as neither the Brussels II nor Brussels II Revised Regulations' transitional provisions are met due to lack of jurisdictional accord. The welfare and public policy exceptions are not satisfied; the order is not manifestly contrary to English public policy nor manifestly incompatible with the children's welfare. The Irish court's jurisdiction is accepted, and any challenge should be made in Ireland. The children's opposition and passage of time do not constitute sufficient change of circumstances to bar enforcement.

Court Disposition

Application granted; Irish custody orders recognised and enforced.

Orders

  • Irish orders to be recognised, registered, and enforced at the earliest practicable opportunity.
  • If Brussels II or Brussels II Revised applied, enforcement would also be ordered.