Vivien Croly publishes a case summary in the Financial Remedies Journal on the case AJ v FJ (Appeal Against Registration) [2024] EWFC 356, concerning a successful appeal against the decision of the Maintenance Enforcement Business Centre (MEBC) to register a Polish interim maintenance order obtained by the respondent from the District Court in Jelenia Gora on 15 December 2022.
The appellant sought to demonstrate that the registration by the MEBC of the Polish interim maintenance order was incompatible with public policy for the purposes of Art 22(a) of 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (hereafter ‘the 2007 Hague Convention’) in circumstances where the effect of reciprocal enforcement of that order would be to finance and entrench the continuing unlawful retention of the children in the jurisdiction of Poland, resulting from a failure by Poland to meet its obligations under BIIa.
MacDonald J was satisfied the appeal should be allowed where, whilst one of the bases for recognition set out in Art 20 of the 2007 Hague Convention was met, so was one of the grounds for refusing recognition as set out in Art 22. Further, in this case, it would not be appropriate to exercise the discretion conferred by Art 22 in favour of recognition.
Read the full case summary here.
Vivien specialises in marriage and relationship breakdowns involving finance and children, including ToLATA matters and applications made under Schedule 1 Children Act 1989. She was shortlisted for Family Law Young Barrister of the Year at the Lexis Nexis Family Law Awards 2024. Find out more about Vivien here.