PIL instrument(s)

Case number and/or case name

S (Brussels II (Revised): Enforcement of Contact Order), Re [2008] Fam. Law 622

Details of the court

England and Wales, Second Instance

Articles referred to by the court

Date of the judgement

27 July 2007

Appeal history

CJEU's case law cited by the court

Summary

The parties married in Poland. They had a child, V, who was 6-year old when her parents divorced in Poland. The English proceedings were in respect of a contact order which was made in Poland. The contact order in question was from May 2005. In June 2005, the mother brought legally the child with her in England. The father applied to enforce the Polish contract order in England. This was an appeal from an English order, recognising the Polish contact order, and directing its registration. The father submitted that, despite the change of circumstances, the Polish contract order should be recognised and enforced in England. The English court refused the father’s application, holding that it was not appropriate for it to enforce the Polish order which was not in the child’s best interest. Although the English court could not review the substance of a foreign order under Article 26, the English court had jurisdiction under Article 8 to make or to vary or to discharge order from another jurisdiction. In view of this, it was held that there should be a number of periods of visiting contacts in England.