F. -v- G. [2014] IEHC 153 (07 March 2014)

F. -v- G. [2014] IEHC 153 (07 March 2014)

The Court refused to make a direct mirror order of the California custody order, instead making only those auxiliary or ancillary orders necessary to protect the child's welfare during the child's transient presence in Ireland. The Court refused to accept the applicant's undertaking not to initiate further proceedings, as it would be contrary to public policy and the Court's statutory and constitutional obligations regarding child welfare. The Court also refused to make declarations of fact regarding parentage and habitual residence, finding no jurisdiction to do so in the circumstances.

Citation
[2014] IEHC 153
Parties
Applicant: F.; Respondent: G.
Jurisdiction
Ireland
Judgment Date
07 March 2014
Procedural Posture
Family Law Guardianship/custody / Post Judgment Order Determination Following Main Judgment
Outcome
Partially granted; auxiliary custody and access orders made; undertaking and declarations refused.
Legal Topics
Guardianship of Infants, Custody Orders, Mirror Orders, Habitual Residence, Jurisdiction, Child Welfare
Family Law Private International Law Guardianship of Infants Custody Orders Mirror Orders Habitual Residence Jurisdiction Child Welfare

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Parties

F.

Applicant

G.

Respondent

Procedural Posture

Family Law Guardianship/custody / Post Judgment Order Determination Following Main Judgment

Legal Issues

  1. 1 Whether the Irish High Court should make an order equivalent to a foreign (California) custody order ('mirror order')
  2. 2 Whether the Court should accept an undertaking from the applicant not to initiate further custody proceedings in Ireland
  3. 3 Whether the Court should make declarations of fact regarding parentage and habitual residence

Ratio Decidendi

The Court refused to make a direct mirror order of the California custody order, instead making only those auxiliary or ancillary orders necessary to protect the child's welfare during the child's transient presence in Ireland. The Court refused to accept the applicant's undertaking not to initiate further proceedings, as it would be contrary to public policy and the Court's statutory and constitutional obligations regarding child welfare. The Court also refused to make declarations of fact regarding parentage and habitual residence, finding no jurisdiction to do so in the circumstances.

Court Disposition

Partially granted; auxiliary custody and access orders made; undertaking and declarations refused.

Orders

  • Joint custody of the child granted to both parties under section 11(2)(a) of the Guardianship of Infants Act 1964.
  • Applicant to exercise primary care and control of the child.