Source: All England Reporter
Publisher Citation: [2012] All ER (D) 46 (May)
Neutral Citation: [2012] EWHC 983 (Fam)
Court: Family Division
Judge:

Mrs Justice Macur DBE
Representation Grant Armstrong for the father.
  Marcus Scott-Manderson and Cliona Papazian for the mother.
Judgment Dates: 24 April 2012

Catchwords

Conflict of laws - Foreign judgment - Recognition and enforcement - Portuguese court making order providing arrangements for shared care of child - Mother returning to England with child - Mother making application for residence in English court - Father applying to English court for registration, recognition and enforcement of Portuguese order and stay of English proceedings - Whether recognition contrary to public policy - Whether English court having jurisdiction to entertain mother's application - Council Regulation (EC) 2201/2003.

The Case

Conflict of laws Foreign judgment. The Family Division, in considering the father's application for registration, recognition and enforcement of a judgment of the Portuguese court in respect of residence of the child, held that, without any review of its substance, it would be manifestly contrary to public policy to recognise the judgment pursuant to art23(a) of Council Regulation (EC) 2201-2003.

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