In re L (A Child) (Recognition of Foreign Order)

Subject Matter

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)

[2012] EWCA Civ 1157; [2013] Fam 94; [2013] 2 WLR 152; [2013] 1 FLR 430; [2013] 2 FCR 195; [2012] WLR (D) 252, CA

Appellate History