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(Court of Justice of the European Union, 9 February 2017)
Financial Remedies – Maintenance Regulation – Preliminary ruling – Procedure for enforcement under Regulation
The CJEU gave a preliminary ruling on enforcement procedures under the Maintenance Regulation 2009.
The mother sought to enforce a financial order in respect of provision for her children made in the German Court, in the English court. The mother and children continued to live in Germany but the father had moved to the UK. He refused to pay maintenance to the mother because he claimed she was obstructing contact with the children.
The mother sought enforcement pursuant to the maintenance Regulation 2009 in the English High Court. Proceedings were adjourned while a reference was made to the Court of Justice of the European Union requesting clarification on the procedure for applications for enforcement under the Regulation.The Court of Justice of the European Union ruled that a maintenance creditor could apply directly to the competent authority and did not need to submit an application through the Central Authority. Member States were required to give effect to Art 41(1) of the Regulation by amending rules of procedure where appropriate.
The Red Book is the acknowledged authority on practice and procedure