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Family Law

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Court of Protection Practice and Procedure Conference 2016

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12 DEC 2007

CONTACT/JURISDICTION: Re D (Contact Order) [2007] EWCA Civ 1277

(Court of Appeal; Thorpe, Wall and Lawrence Collins LJJ; 12 December 2007)

A consent order was made in relation to the child by the Romanian courts in October 2006. The father filed a notice of appeal. On January 1 2007, Romania joined the EU. In March 2007 the father withdrew his appeal, and the Romanian authorities sealed the order and issued a certificate under Brussels II Revised, Art 41. The father sought enforcement of the Romanian contact order under Brussels II Revised.

It was clear that the relevant judgment was the court order of October 2006, not the later declaration of enforceability in March. The relevant judgment was therefore not 'an enforceable judgment given in a Member State' within the meaning of Art 41(1), because Romania was not, at the time of the contact order, a member state. The transitional arrangements set out in Brussels II Revised did not apply to states that had not adopted Brussels II.

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