Summary
The proceedings were in respect of a child who was born in Spain in April 2008.
The parties met in Spain in 2007. They were living together in Spain. The child was a British national, and so too was the mother. The mother had two other children. The father was a citizen of Morocco, living in Spain. He had no other children. The parties separated in 2009.
The mother and the child came to England. The child remained in England for the period March 2010 – May 2012 where maternal grandparents were living.
The father remained living in Spain.
The parental responsibility proceedings started in Spain. The First Instance Court granted a custody to the mother, allowing the child to live in England. In spite of the father’s appeal, a provisional enforcement was ordered.
In December 2012, a Spanish appeal court allowed the father’s appeal, granting custody rights to the father.
The father sought the recognition and enforcement of the Spanish judgment in England.
The English High Court recognised and enforced the Spanish judgment, holding that the child must return to Spain. Mr Justice Holman held:
“52 […] I am quite unable to say that the delay, whether viewed as 15 months or even as 22 months, is such that it would now be manifestly contrary to the public policy of this state to refuse recognition, nor (although a separate and discrete matter) enforcement. Further, it is relevant that the father strove to enforce at an early stage by the orders he obtained in Spain in April and May 2013 which the mother has flatly disobeyed.
53 It is also a striking feature of this case that the mother was only permitted to bring the child here on her public commitment or undertaking to obey the order of the appeal court and return him if required to do so. The delay in this case lies substantially at the door of the mother. It may well be unsettling for N now to return to Spain. There is no evidence that it would be damaging to him to the point of being manifestly contrary to public policy.
54 The regulation is, of course, binding upon me, and the Spanish order must be both recognised and enforced.” [52-54]