Case number and/or case name
C (Costs: Enforcement of Foreign Contact Order), Re [2007] EWHC 1993 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Date of the judgement
02 August 2007
CJEU's case law cited by the court
Summary
The applicant was the father who was seeking the enforcement of an Italian contact order.
Article 41 provided for automatic enforcement of a foreign order without the need for a declaration of enforceability and without any possibility of opposing its recognition. Nonetheless, the father submitted substantial material, incurring somewhat high costs of over £18,000, including translation costs.
The mother expressed her consent to the order on the day before the hearing.
The father argued that she should pay the costs.
The mother claimed that she had expressed her consent as soon as the certificate had been delivered to her.
The court held that the costs incurred by the father were excessive, and the mother should make only a modest contribution of £1,750.