C (Appellant) v C (Respondent) (Jersey)

C (Appellant) v C (Respondent) (Jersey)

The Latvian declaration of paternity is to be recognised by Jersey courts under the principle of jurisdictional reciprocity, as the Latvian court had jurisdiction and the child and mother were connected to Latvia. The appellant remains the child's parent for the purposes of Jersey law, and public policy does not preclude recognition. Therefore, the order for periodical payments was within the jurisdiction of the Jersey courts.

Citation
[2019] UKPC 40
Parties
Appellant: C; Respondent: C
Jurisdiction
United Kingdom
Judgment Date
31 October 2019
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Recognition of Foreign Paternity Orders, Jurisdictional Reciprocity, Parentage Under Jersey Law, Public Policy in Recognition of Foreign Judgments
Family Law Private International Law Recognition of Foreign Paternity Orders Jurisdictional Reciprocity Parentage Under Jersey Law Public Policy in Recognition of Foreign Judgments

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Parties

C

Appellant

C

Respondent

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant is a 'parent' under Jersey law for the purposes of a financial provision order for the child
  2. 2 Whether Jersey courts should recognise the Latvian court's declaration of paternity
  3. 3 Whether public policy precludes recognition of the Latvian order

Ratio Decidendi

The Latvian declaration of paternity is to be recognised by Jersey courts under the principle of jurisdictional reciprocity, as the Latvian court had jurisdiction and the child and mother were connected to Latvia. The appellant remains the child's parent for the purposes of Jersey law, and public policy does not preclude recognition. Therefore, the order for periodical payments was within the jurisdiction of the Jersey courts.

Court Disposition

Appeal dismissed

Orders

  • Appellant's appeal is dismissed
  • Appellant directed to respond to respondent's claim for costs by 14 November 2019 for further directions on costs