A.B v C.D (Approved) [2023] IECA 158 (19 June 2023)

A.B v C.D (Approved) [2023] IECA 158 (19 June 2023)

The Court of Appeal held that the High Court judge exercised her discretion properly in refusing the adjournment, that the mother had ample opportunity to defend herself, and that the proceedings were conducted fairly and expeditiously in accordance with the Hague Convention, EU regulations, and domestic rules. The mother failed to establish any breach of Article 47 or Article 24 of the Charter, and no grounds for reference to the CJEU arose. The appeal was dismissed on all grounds.

Citation
[2023] IECA 158
Parties
Applicant/respondent: A. B.; Respondent/appellant: C. B. (also known as C. D.)
Jurisdiction
Ireland
Judgment Date
19 June 2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order
Outcome
appeal dismissed
Legal Topics
Child Abduction, Custody, Hague Convention, Charter of Fundamental Rights of the European Union, Free Movement Rights, Fair Trial
Family Law International Law EU Law Child Abduction Custody Hague Convention Charter of Fundamental Rights of the European Union Free Movement Rights +1 more

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Parties

A. B.

Applicant/respondent

C. B. (also known as C. D.)

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether the High Court erred in refusing an adjournment and continuing the hearing, allegedly breaching Article 47 of the Charter of Fundamental Rights of the European Union
  2. 2 Whether the swiftness provisions of the Hague Convention, Council Regulation (EU) 2019/1111, and Order 133 of the Rules of the Superior Courts are incompatible with Article 47 and Article 24 of the Charter
  3. 3 Whether the mother and child’s EU free movement rights are engaged and override Hague Convention obligations

Ratio Decidendi

The Court of Appeal held that the High Court judge exercised her discretion properly in refusing the adjournment, that the mother had ample opportunity to defend herself, and that the proceedings were conducted fairly and expeditiously in accordance with the Hague Convention, EU regulations, and domestic rules. The mother failed to establish any breach of Article 47 or Article 24 of the Charter, and no grounds for reference to the CJEU arose. The appeal was dismissed on all grounds.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court affirmed
  • No reference to the CJEU