G.M. v E.U. (Approved) [2025] IEHC 450 (30 July 2025)

G.M. v E.U. (Approved) [2025] IEHC 450 (30 July 2025)

The Irish High Court does not have jurisdiction to make an interim order under section 12 of the Child Abduction and Enforcement of Custody Orders Act 1991 because the child is in Germany and no application for a return order can be made to the Irish High Court under the Hague Convention in these circumstances.

Citation
[2025] IEHC 450
Parties
Applicant: G. M.; Respondent: E. U.
Jurisdiction
Ireland
Judgment Date
30 July 2025
Procedural Posture
Ex Parte Application in Intended Action / Interim Application for Return Order
Outcome
Application refused
Legal Topics
Child Abduction, Jurisdiction, Hague Convention, Interim Orders
Family Law International Law Child Abduction Jurisdiction Hague Convention Interim Orders

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Parties

G. M.

Applicant

E. U.

Respondent

Procedural Posture

Ex Parte Application in Intended Action / Interim Application for Return Order

Legal Issues

  1. 1 Whether the Irish High Court has jurisdiction to make an interim order under section 12 of the Child Abduction and Enforcement of Custody Orders Act 1991 when the child is outside the jurisdiction
  2. 2 Whether an application for a return order can be made to the Irish High Court under the Hague Convention in these circumstances

Ratio Decidendi

The Irish High Court does not have jurisdiction to make an interim order under section 12 of the Child Abduction and Enforcement of Custody Orders Act 1991 because the child is in Germany and no application for a return order can be made to the Irish High Court under the Hague Convention in these circumstances.

Court Disposition

Application refused

Orders

  • Ex parte application under section 12 of the Child Abduction and Enforcement of Custody Orders Act 1991 refused
  • No order as to costs