D.F. -v- E.M. [2014] IEHC 510 (09 September 2014)

D.F. -v- E.M. [2014] IEHC 510 (09 September 2014)

The Irish proceedings are stayed pending the Rhode Island court's determination of whether it has and will assume jurisdiction over the custody, access, and living arrangements of the children, as the jurisdictional question is logically prior and must be resolved before any further substantive hearing in Ireland.

Citation
[2014] IEHC 510
Parties
Applicant: D. F.; Respondent: E. M.
Jurisdiction
Ireland
Judgment Date
09 September 2014
Procedural Posture
Family Law Child Custody and Jurisdiction / Interlocutory Application for Stay Pending Foreign Jurisdiction Determination
Outcome
Stay granted
Legal Topics
Child Custody, Jurisdiction, Forum Non Conveniens, International Child Abduction, Hague Convention
Family Law Private International Law Child Custody Jurisdiction Forum Non Conveniens International Child Abduction Hague Convention

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Parties

D. F.

Applicant

E. M.

Respondent

Procedural Posture

Family Law Child Custody and Jurisdiction / Interlocutory Application for Stay Pending Foreign Jurisdiction Determination

Legal Issues

  1. 1 Whether Irish proceedings regarding child custody should be stayed pending determination of jurisdiction by the Rhode Island court
  2. 2 Whether the matter is properly characterized as a Hague Convention application
  3. 3 Whether there is a wrongful retention of the children under the Hague Convention

Ratio Decidendi

The Irish proceedings are stayed pending the Rhode Island court's determination of whether it has and will assume jurisdiction over the custody, access, and living arrangements of the children, as the jurisdictional question is logically prior and must be resolved before any further substantive hearing in Ireland.

Court Disposition

Stay granted

Orders

  • Stay of further proceedings in the Irish courts pending the determination by the Court of Rhode Island and Providence Plantations of the question of jurisdiction over the custody, access, and living arrangements of the children.
  • Matter adjourned for mention; liberty to apply for further directions.