A.Bu. -v- J.Be. [2010] IESC 38 (20 May 2010)

A.Bu. -v- J.Be. [2010] IESC 38 (20 May 2010)

The High Court's decision that it was inappropriate for the five-year-old child to be heard, based on her age and maturity, was correct. There was no basis to interfere with that decision, and the application to have the child heard was refused.

Citation
[2010] IESC 38
Parties
Applicant/respondent: A. Bu.; Respondent/appellant: J. Be.
Jurisdiction
Ireland
Judgment Date
20 May 2010
Procedural Posture
Appeal / Preliminary Ruling on Procedural Application Prior to Substantive Appeal
Outcome
Application to have the child heard refused; High Court decision affirmed.
Legal Topics
International Child Abduction, Hague Convention, Child's Right to Be Heard, Council Regulation 2201/2003, Custody Orders
Family Law International Law Child Law International Child Abduction Hague Convention Child's Right to Be Heard Council Regulation 2201/2003 Custody Orders

Case Brief

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Parties

A. Bu.

Applicant/respondent

J. Be.

Respondent/appellant

Procedural Posture

Appeal / Preliminary Ruling on Procedural Application Prior to Substantive Appeal

Legal Issues

  1. 1 Whether the minor S. B. should be given an opportunity to be heard in proceedings under the Hague Convention and Council Regulation 2201/2003

Ratio Decidendi

The High Court's decision that it was inappropriate for the five-year-old child to be heard, based on her age and maturity, was correct. There was no basis to interfere with that decision, and the application to have the child heard was refused.

Court Disposition

Application to have the child heard refused; High Court decision affirmed.

Orders

  • It is inappropriate for S. B. to be heard in these proceedings.
  • Application to this Court to have the child heard is refused.