The father sought to have registered here, a French order for parental contact. The mother had brought the child to England with the consent of the court, and then obtained an apparently conflicting order here.
Held: There was a conflict between the Regulation and the Convention as scheduled to the 1985 Act. The London order had been expressly set out in order to allow the gradual bringing into effect of the French order, and so did not conflict with it. Access orders cannot be treated as having been written in stone, and enforcement after some time and in different circumstances may be problematic. The Regulation prevailed over the Act. When the mother became resident in England, the French court ceased to have exclusive jurisdiction. The judge was correct to order the registration of the father’s order here and to make his own order. Appeal and cross-appeal dismissed.
Judges:
Thorpe, Potter, Tuckey LJJ
Citations:
Times 19-Nov-2003, Gazette 08-Jan-2004, Gazette 15-Jan-2004
Statutes:
Council Regulation EC/1347/2000, Child Abduction and Custody Act 1985
Jurisdiction:
England and Wales
Children, European
Updated: 16 June 2022; Ref: scu.188222
