E.J. -v- E.D. [2014] IEHC 466 (22 October 2014)

E.J. -v- E.D. [2014] IEHC 466 (22 October 2014)

It is in the best interests of the child to defer any order for interview and assessment until the trial judge has considered the legal issues, to avoid multiple interviews and ensure the child's views are sought on relevant matters only.

Citation
[2014] IEHC 466
Parties
Applicant: E. J.; Respondent: E. D.
Jurisdiction
Ireland
Judgment Date
22 October 2014
Procedural Posture
Child Abduction / Family Law / Interlocutory Ruling on Application for Interview and Assessment of Child
Outcome
Application for immediate interview and assessment of the child refused; decision deferred to trial judge.
Legal Topics
Child Abduction, Hague Convention, Guardianship, Enforcement of Foreign Custody Orders, Hearing the Child
Family Law International Law Child Abduction Hague Convention Guardianship Enforcement of Foreign Custody Orders Hearing the Child

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Parties

E. J.

Applicant

E. D.

Respondent

Procedural Posture

Child Abduction / Family Law / Interlocutory Ruling on Application for Interview and Assessment of Child

Legal Issues

  1. 1 Whether the child should be interviewed and assessed to express his views in Hague Convention proceedings
  2. 2 Timing and appropriateness of ordering such an interview given the procedural posture and legal issues

Ratio Decidendi

It is in the best interests of the child to defer any order for interview and assessment until the trial judge has considered the legal issues, to avoid multiple interviews and ensure the child's views are sought on relevant matters only.

Court Disposition

Application for immediate interview and assessment of the child refused; decision deferred to trial judge.

Orders

  • No order for interview or assessment of the child at this stage; issue to be determined at trial.