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Supreme Court to decide whether child must have ‘opportunity to be heard’ in disputed custody case

Judgment to be delivered in D (A Child) on 22nd June

The Supreme Court will deliver its judgment in D (A Child) on Wednesday, 22 June.

The appellant in the case is the father of a child, D. The respondent is D's mother and the appellant's former wife. The appellant and the respondent are Romanian nationals but formerly lived together in England, where D has lived since he was two months old. The appellant now lives in Romania though he maintains a rented house in England. The respondent and D continue to live in England.

The appellant launched proceedings in Romania for the dissolution of his marriage to the respondent and custody of D. In February 2013, Romania's highest Court, the Court of Appeal, granted joint custody of D to the appellant and the respondent but said D was to live with the appellant in Romania. The English courts at first instance and in the Court of Appeal refused to grant recognition and enforcement to the judgment of the Romanian Court of Appeal on the basis that the foreign proceedings had breached a fundamental principle of the procedure of England and Wales.

The Supreme Court – comprising Lord Neuberger, Lady Hale, Lord Clarke, Lord Wilson and Lord Hughes – will decide:

The Court of Appeal judgment is here.