- Concurrent welfare and enforcement proceedings under Brussels II bis—considerations for future cases (Re E (BIIa: recognition and enforcement))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Family analysis: The Court of Appeal considered the principles to be applied when the court is faced with an enforcement application alongside a welfare application under Brussels II bis and concluded that the judge at first instance was entitled to embark on a welfare assessment in this case given the ages of the children, their wishes, the length of their habitual residence in England and the length of time that had passed since the most recent orders had been made in another Member State. As to procedural unfairness, the second ground of appeal, the court held that although this submission had some force, the judge at first instance had been faced with a stark decision in a procedurally difficult case. The court was persuaded that had the judge followed the fuller reasoning process, the conclusion would have undoubtedly been the same. Lucy Logan Green, barrister at 4 Paper Buildings, considers the case and its implications.
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