F. -v- G. [2014] IEHC 152 (15 January 2014)

F. -v- G. [2014] IEHC 152 (15 January 2014)

The Irish High Court retains jurisdiction under section 11 of the Guardianship of Infants Act 1964 and common law to make mirror orders reflecting foreign custody orders concerning Irish citizen children, even if not habitually resident in Ireland, provided the child's welfare is the paramount consideration. The Protection of Children (Hague Convention) Act 2000 does not exclude such jurisdiction for non-contracting states. There is no evidence of fraud or deceit in the child's acquisition of Irish citizenship or passport. The making of a mirror order is appropriate in this case to give effect to the California order and facilitate the child's welfare, subject to undertakings and the...

Citation
[2014] IEHC 152
Parties
Applicant: F; Respondent: G
Jurisdiction
Ireland
Judgment Date
15 January 2014
Procedural Posture
Family Law Guardianship/relocation / High Court Judgment on Application for Mirror Order and Guardianship
Outcome
Relief granted in part
Legal Topics
Guardianship of Infants, Recognition and Enforcement of Foreign Custody Orders, Jurisdiction in Child Custody, Mirror Orders, Child Relocation
Family Law Private International Law Guardianship of Infants Recognition and Enforcement of Foreign Custody Orders Jurisdiction in Child Custody Mirror Orders Child Relocation

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Parties

F

Applicant

G

Respondent

Procedural Posture

Family Law Guardianship/relocation / High Court Judgment on Application for Mirror Order and Guardianship

Legal Issues

  1. 1 Does the Irish High Court have jurisdiction to make a 'mirror order' reflecting a California custody order for a child habitually resident in the US but with Irish citizenship?
  2. 2 Should the Court exercise its discretion to make such an order in the circumstances?
  3. 3 Is the respondent entitled to be appointed guardian under Irish law?

Ratio Decidendi

The Irish High Court retains jurisdiction under section 11 of the Guardianship of Infants Act 1964 and common law to make mirror orders reflecting foreign custody orders concerning Irish citizen children, even if not habitually resident in Ireland, provided the child's welfare is the paramount consideration. The Protection of Children (Hague Convention) Act 2000 does not exclude such jurisdiction for non-contracting states. There is no evidence of fraud or deceit in the child's acquisition of Irish citizenship or passport. The making of a mirror order is appropriate in this case to give effect to the California order and facilitate the child's welfare, subject to undertakings and the...

Court Disposition

Relief granted in part

Orders

  • Mirror order made under section 11 of the Guardianship of Infants Act 1964 reflecting the operative parts of the California custody order, subject to undertakings by the applicant.
  • Order appointing the respondent as guardian of the child under section 6A of the Guardianship of Infants Act 1964.