Krajský súd Trenčín; 2016-08-24; 23CoE/192/2016
Decision by national courts in the field of European Union law — ECLI:SK:KSTN:2016:3815218103.1
Date: 2016-08-24
Subject matter: Judicial cooperation in civil matters
Origin: Slovakia

82016SK0824(51)_ENG_SUMJURE
JURE summary
JURE summary
On 13.11.2015, the petitioner sought before the Okresný súd Prievidza (Slovak Republic) (hereinafter ‘the Court of First Instance’) a declaration of enforceability of an enforceable order of the High Court of Justice of England and Wales, Family Division (hereinafter ‘the High Court’) dated 8.10.2015, corrected 19.10.2015. The High Court ordered that, inter alia, the petitioner shall have parental responsibility of a child. Before the abovementioned order there was no man stated as father of the child in the child’s birth certificate (issued in the United Kingdom of Great Britain and Northern Ireland after the child was born). The mother and child moved from the United Kingdom of Great Britain and Northern Ireland to the Slovak Republic on 17.6.2015 (before the petitioner submitted his application for a parental responsibility order, which was submitted to the High Court on 11.9.2015). The Court of First Instance declared the order of the High Court dated 8.10.2015, corrected 19.10.2015 enforceable in the territory of the Slovak Republic in part under which the petitioner shall have parental responsibility of a child. In other parts the Court of First Instance dismissed the application since these submissions did not fall within the scope of the new Brussels II Regulation (Article 1) (1). Both parties appealed and the case was forwarded to the Krajský súd v Trenčíne (hereinafter ‘the Court of Appeal’). The mother of the child submitted the birth certificate issued by the Ministry of the Interior of the Slovak Republic where another man was stated as the father (not the petitioner). This birth certificate was issued under provisions of Slovak law (‘Family Act’) on the basis of the consent of the parents (the mother and the stated man both declared that they are parents of the child). This birth certificate states that from 22.2.2016 the paternity of the minor is legally binding in the territory of the Slovak Republic. The Court of Appeal decided that the order of the High Court dated 8.10.2015, corrected 19.10.2015 cannot be recognised and declared as enforceable in the territory of the Slovak Republic. The Court of Appeal stated that if they comply with the petitioner’s submission the child would legally have two fathers and this would be manifestly contrary to the public policy of the Slovak Republic taking into account the best interests of the child.
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.