A v B [2021] IEHC 802 (02 December 2021)

A v B [2021] IEHC 802 (02 December 2021)

Both parties were ordinarily resident in Ireland throughout the one-year period prior to the end of their relationship within the meaning of s.196(3) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, as ordinary residence does not require continuous presence and can exist in more than one place; therefore, the court has jurisdiction to hear the applicant's claim.

Citation
[2021] IEHC 802
Parties
Applicant: A; Respondent: B
Jurisdiction
Ireland
Judgment Date
02 December 2021
Procedural Posture
Family Law Special Summons / Jurisdictional Challenge (interlocutory)
Outcome
Application dismissed
Legal Topics
Cohabitants, Jurisdiction, Ordinary Residence, Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
Family Law Cohabitants Jurisdiction Ordinary Residence Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

A

Applicant

B

Respondent

Procedural Posture

Family Law Special Summons / Jurisdictional Challenge (interlocutory)

Legal Issues

  1. 1 Whether both parties were ordinarily resident in Ireland throughout the one-year period prior to the end of their relationship as required by s.196(3) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
  2. 2 Whether the court has jurisdiction to hear the applicant's claim for redress under s.173 of the Act

Ratio Decidendi

Both parties were ordinarily resident in Ireland throughout the one-year period prior to the end of their relationship within the meaning of s.196(3) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, as ordinary residence does not require continuous presence and can exist in more than one place; therefore, the court has jurisdiction to hear the applicant's claim.

Court Disposition

Application dismissed

Orders

  • Reliefs sought by the respondent (declaration of no jurisdiction and striking out of proceedings) are declined