Summary
The English legal proceedings were seeking the recognition and enforcement of a Spanish contact order.
The proceedings were first commenced by the father on 8th December 2004.
A registration order was made by Munby J. The contract had continued since then.
On 31st October 2007, the father commenced further enforcement proceedings, seeking enforcement of Mr Justice Munby’s order.
It should be noted that the Spanish court had jurisdiction under Article 12 of Brussels IIa. And, it was held that the Spanish court continued to have jurisdiction on this basis.
It was considered whether the English court should make a request to the Spanish court for transfer of the proceedings under Article 15 of Brussels IIa.
In the meantime, the father’s application to enforce the order was stayed. In this context, Mr Jonathan Baker QC, sitting as a Deputy Judge of the High Court, held:
“78 So far as the enforcement application is concerned, both parties are agreed that, if the court concludes that the right course is to seek transfer of the jurisdiction under Article 15, the appropriate order is to adjourn the application to enforce for about four months with liberty to apply. The date of 7th July has been identified as convenient for the parties. By that stage, it is hoped that the issue of any transfer by the Spanish court under Article 15 will have been resolved. If jurisdiction has been transferred, no doubt proceedings under s.8 of the Children Act will have been started, and that hearing can be used as appropriate in those proceedings.
79 If, however, jurisdiction has not been transferred, either because the Spanish court has refused the application or because no decision has yet been reached, the father can renew his application to enforce the order during the school summer holidays and beyond.” [78-79]