R v W (Approved) [2020] IEHC 580 (17 November 2020)

R v W (Approved) [2020] IEHC 580 (17 November 2020)

The order of the Master of the High Court was fundamentally flawed because it failed to comply with mandatory procedural requirements under both Irish and EU law, specifically the requirements for proper service and opportunity to challenge before enforcement. The removal of the children from Ireland on foot of an ex parte order, before service and hearing the mother, constituted a grave breach of her constitutional and EU rights. The appeal is allowed and the Master's order is discharged.

Citation
[2020] IEHC 580
Parties
Applicant (here Respondent): R; Respondent (here Appellant): W
Jurisdiction
Ireland
Judgment Date
17 November 2020
Procedural Posture
Appeal Against Order for Recognition and Enforcement of Foreign Judgment in Family Law/parental Responsibility / High Court Appeal From Order of the Master of the High Court
Outcome
Appeal allowed; order of the Master of the High Court discharged.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Parental Responsibility, Ex Parte Orders, Procedural Fairness, Service of Process, Constitutional Rights, EU Charter of Fundamental Rights
Family Law European Union Law Civil Procedure Recognition and Enforcement of Foreign Judgments Parental Responsibility Ex Parte Orders Procedural Fairness Service of Process +2 more

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Parties

R

Applicant (here Respondent)

W

Respondent (here Appellant)

Procedural Posture

Appeal Against Order for Recognition and Enforcement of Foreign Judgment in Family Law/parental Responsibility / High Court Appeal From Order of the Master of the High Court

Legal Issues

  1. 1 Whether an ex parte order for enforcement of a foreign parental responsibility judgment can be executed before proper service on the affected parent
  2. 2 Whether the requirements of Order 42A of the Rules of the Superior Courts and the Brussels IIa Regulation were complied with
  3. 3 Whether the respondent's constitutional and EU rights to fair procedures and effective remedy were breached

Ratio Decidendi

The order of the Master of the High Court was fundamentally flawed because it failed to comply with mandatory procedural requirements under both Irish and EU law, specifically the requirements for proper service and opportunity to challenge before enforcement. The removal of the children from Ireland on foot of an ex parte order, before service and hearing the mother, constituted a grave breach of her constitutional and EU rights. The appeal is allowed and the Master's order is discharged.

Court Disposition

Appeal allowed; order of the Master of the High Court discharged.

Orders

  • The order of the Master of the High Court dated 1 May 2019 is set aside and discharged.