Child & Family Agency -v- JD [2017 IESC 56 (19 July 2017)

Child & Family Agency -v- JD [2017 IESC 56 (19 July 2017)

The Supreme Court, following the CJEU's interpretation, held that Article 15 of Regulation 2201/2003 applies to public law care proceedings even if proceedings are not pending in the other member state, but a transfer can only occur if there is a particular connection, genuine added value, and no detriment to the child. The best interests of the child must be assessed independently of forum, and the motivation for parental movement is only relevant if it impacts the child. The appeal was allowed as the requirements for transfer were not met and the matter should remain in Ireland.

Parties
Plaintiff/respondent: Child & Family Agency; Defendant/appellant: JD
Jurisdiction
Ireland
Judgment Date
19 July 2017
Procedural Posture
Child Care/jurisdictional Transfer / Supreme Court Appeal From High Court, With Reference to CJEU
Outcome
Appeal allowed
Legal Topics
Jurisdiction in Child Care Proceedings, Transfer of Proceedings Under Brussels II Bis, Best Interests of the Child, Freedom of Movement Within EU, Parental Responsibility
Family Law Child Law EU Law Jurisdiction in Child Care Proceedings Transfer of Proceedings Under Brussels II Bis Best Interests of the Child Freedom of Movement Within EU Parental Responsibility

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Parties

Child & Family Agency

Plaintiff/respondent

JD

Defendant/appellant

Procedural Posture

Child Care/jurisdictional Transfer / Supreme Court Appeal From High Court, With Reference to CJEU

Legal Issues

  1. 1 Does Article 15 of Regulation 2201/2003 apply to public law care applications where proceedings in the other member state are not pending?
  2. 2 To what extent should the court consider the impact on freedom of movement when deciding on a transfer under Article 15?
  3. 3 What factors are relevant to determining the 'best interests of the child' and 'court better placed' under Article 15?

Ratio Decidendi

The Supreme Court, following the CJEU's interpretation, held that Article 15 of Regulation 2201/2003 applies to public law care proceedings even if proceedings are not pending in the other member state, but a transfer can only occur if there is a particular connection, genuine added value, and no detriment to the child. The best interests of the child must be assessed independently of forum, and the motivation for parental movement is only relevant if it impacts the child. The appeal was allowed as the requirements for transfer were not met and the matter should remain in Ireland.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the matter remains in Ireland and is not transferred to the UK.
  • Guidelines issued for future application of Article 15 in Irish courts.