High Court of Justice (England and Wales), Family Division

High Court of Justice (England and Wales), Family Division

United Kingdom - England and Wales

9 December 2014

NG and OG

[2014] EWHC 4182 (Fam)

First instance

• Article 23(2)(b)
• Article 23(1)

• Article 22
• Article 32
• Article 7

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The case concerned an application by the mother for recognition and enforcement in England of a Russian custody order determining that one of her children, SG, aged seven, should reside with her. The application was brought under the 1996 Hague Convention following Russia’s ratification of the Convention. The court considered whether recognition should be refused under the Convention because the child had not been given an opportunity to be heard before the Russian proceedings. The judgment contains substantial discussion of child participation and the operation of Article 23(2)(b) in circumstances where a young child capable of expressing views had not been heard.

The court refused registration and enforcement of the Russian custody order pursuant to Article 23(2)(b) of the 1996 Hague Convention. It held that the child had not been given an opportunity to be heard before the Russian court, contrary to fundamental procedural principles applicable in England and Wales. The court considered that the failure to hear the child justified refusal of recognition and enforcement.

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