Case number and/or case name
D (Brussels II Revised: Contact) [2007] EWHC 822 Fam
Details of the court
England and Wales, Second Instance
Articles referred to by the court
Date of the judgement
20 April 2007
CJEU's case law cited by the court
Summary
The proceedings were concerned with a registration of a French court judgment. The French court ordered that the father should have custody rights over the children, so that they should live with the father. Father applied for the registration of the French judgment in England.
The High Court judge granted permission for registration of the French judgment. Notice was given to the mother. The time frame within which the mother could appeal was stated to be 2 weeks (rather than 1 month) of the service of the notice.
Mother appealed against the order, raising two alternative grounds. 1) The fact that the notice did not stipulate the correct time limit for appeal was claimed to be a fundamental flaw; 2) The judgment should be not recognised on welfare grounds.
The High Court dismissed the appeal. First, the error was not to be regarded as so fundamental, required the court to deny enforcement of the French judgment.
Secondly, the welfare arguments could not be considered by the English as this would amount to review of the merits which would fly in the face of Brussels IIa.