The father sought the return of his daughter to Romania, saying she had been taken to the UK in breach of a court order.
Held: The relevant court order pre-dated the accession of Romania to the Convention. Enforceability flowed from eth date of the original order, and not from a later issue of a notice of appeal. Brussels II revised made clear distnctions between a judgment and an enforceable judgment. The order in this case was not enforceable by the father in the UK.
Judges:
Thorpe LJ, Wall LJ, Collins LJ
Citations:
Times 09-Jan-2008, [2007] EWCA Civ 1277
Links:
Statutes:
Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of Internatinal Child Abduction 1980
Jurisdiction:
England and Wales
Children
Updated: 12 July 2022; Ref: scu.263529
