Jakub and Dawid, Re [2009] NIFam 23 (01 December 2009)

Jakub and Dawid, Re [2009] NIFam 23 (01 December 2009)

The Polish court order of 6 May 2008 is not ambiguous, assigns parental responsibility and residence to Dominik, and there are no grounds to refuse recognition or enforcement under Article 23(a) of Brussels II Revised. The welfare concerns and the children's wishes do not reach the high threshold required to invoke the public policy exception. Registration and enforcement must proceed.

Citation
[2009] NIFam 23
Parties
Appellant/mother: Zofia; Respondent/father: Dominik
Jurisdiction
Northern Ireland
Judgment Date
01 December 2009
Procedural Posture
Appeal Against Registration and Enforcement of Foreign (polish) Court Order Under Brussels II Revised / Judgment on Appeal Against Registration and Enforcement
Outcome
Appeal dismissed; order of Polish court registered and enforced.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Parental Responsibility, Child Residence and Custody, Public Policy Exception, Brussels II Revised Regulation
Family Law Private International Law Recognition and Enforcement of Foreign Judgments Parental Responsibility Child Residence and Custody Public Policy Exception Brussels II Revised Regulation

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Parties

Zofia

Appellant/mother

Dominik

Respondent/father

Procedural Posture

Appeal Against Registration and Enforcement of Foreign (polish) Court Order Under Brussels II Revised / Judgment on Appeal Against Registration and Enforcement

Legal Issues

  1. 1 Whether the Polish court order of 6 May 2008 should be registered and enforced in Northern Ireland under Brussels II Revised
  2. 2 Whether recognition or enforcement would be manifestly contrary to public policy, taking into account the best interests of the child
  3. 3 Whether the order is ambiguous and thus unenforceable

Ratio Decidendi

The Polish court order of 6 May 2008 is not ambiguous, assigns parental responsibility and residence to Dominik, and there are no grounds to refuse recognition or enforcement under Article 23(a) of Brussels II Revised. The welfare concerns and the children's wishes do not reach the high threshold required to invoke the public policy exception. Registration and enforcement must proceed.

Court Disposition

Appeal dismissed; order of Polish court registered and enforced.

Orders

  • Registration of the Polish court order of 6 May 2008 is confirmed.
  • Zofia is ordered to return the children to Dominik at a time allowing them to finish their school term in Northern Ireland and arrive in Poland before Christmas.