E.E -v- O'Donnell [2013] IEHC 418 (16 September 2013)

E.E -v- O'Donnell [2013] IEHC 418 (16 September 2013)

The Circuit Court had no jurisdiction to remit the custody matter or documents to the High Court, as the relevant proceedings were pending before the Circuit Court. The order striking out the mother's appeal and affirming the District Court order was invalid, as it was integrally linked to the mistaken belief that the matter should be remitted to the High Court. The applicant is entitled to certiorari quashing the entire Circuit Court order of 19 June 2013.

Citation
[2013] IEHC 418
Parties
Applicant: E. E.; Respondent: Judge Thomas E. O’Donnell; Notice Party: J. S.
Jurisdiction
Ireland
Judgment Date
16 September 2013
Procedural Posture
Judicial Review / Judgment on Application for Certiorari
Outcome
Order of certiorari granted; Circuit Court order of 19 June 2013 quashed.
Legal Topics
Guardianship of Infants, Jurisdiction Under Brussels II Bis, Hague Convention on Child Abduction, Judicial Review, Custody Disputes
Family Law International Law Child Abduction Guardianship of Infants Jurisdiction Under Brussels II Bis Hague Convention on Child Abduction Judicial Review Custody Disputes

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Parties

E. E.

Applicant

Judge Thomas E. O’Donnell

Respondent

J. S.

Notice Party

Procedural Posture

Judicial Review / Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the Circuit Court had jurisdiction to remit custody proceedings/documents to the High Court under Article 11(6) of Regulation 2201/2003
  2. 2 Whether the order striking out the mother's appeal and affirming the District Court order was valid
  3. 3 Proper procedure for handling Article 11(6) documents when proceedings are pending in the Circuit Court

Ratio Decidendi

The Circuit Court had no jurisdiction to remit the custody matter or documents to the High Court, as the relevant proceedings were pending before the Circuit Court. The order striking out the mother's appeal and affirming the District Court order was invalid, as it was integrally linked to the mistaken belief that the matter should be remitted to the High Court. The applicant is entitled to certiorari quashing the entire Circuit Court order of 19 June 2013.

Court Disposition

Order of certiorari granted; Circuit Court order of 19 June 2013 quashed.

Orders

  • Order of certiorari quashing the Circuit Court order of 19 June 2013.
  • Order remitting the file of Article 11(6) documents to the Circuit Court with direction to hear and determine the appeal, taking into account Article 11(8) and Article 42 of Regulation 2201/2003.