The Weekly Law Reports
[2013] 2 WLR 152
Court of Appeal
In re
L (A Child) (Recognition of Foreign Order)
[2012] EWCA Civ 1157
2012 Aug 7;
21
Thorpe, Munby LJJ, Sir Stephen Sedley
Conflict of laws— Jurisdiction under Council Regulation— Orders with respect to children— Child of British mother and Portuguese father resident in Portugal— Parents entering into agreement under which child to reside alternately with mother in United Kingdom and with father in Portugal for two months at a time— Agreement ratified by Portuguese court— Mother applying for residence order in English court during child’s first two-month period of residence in United Kingdom— Whether state of mother’s emotional and mental health at time of agreement rendering recognition of Portuguese judgment “manifestly contrary to … public policy”— Whether child “habitually resident” in United Kingdom at time of mother’s application—
Council Regulation (EC) No 2201/2003, arts 8(1), 21, 23(a)