T v B [2019] IECA 208 (17 July 2019)

T v B [2019] IECA 208 (17 July 2019)

The appeal is moot because the Belarus Supreme Court has already determined the Hague Convention proceedings, refusing summary return of the child on grounds of passage of time and settlement in Belarus. There is no longer a live issue for the Irish courts to determine under Article 15 or section 15, and no order should be made.

Citation
[2019] IECA 208
Parties
Applicant/appellant: D. T.; Respondent: I. B.
Jurisdiction
Ireland
Judgment Date
17 July 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed as moot
Legal Topics
Child Abduction, Custody, Hague Convention, Jurisdiction, Mootness
Family Law International Law Child Abduction Custody Hague Convention Jurisdiction Mootness

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Parties

D. T.

Applicant/appellant

I. B.

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Irish courts should grant a declaration under Article 15 of the Hague Convention and section 15 of the Child Abduction and Enforcement of Custody Orders Act 1991 that the removal of the child from Ireland was wrongful.
  2. 2 Whether the appeal is moot due to the determination of the Belarus Supreme Court.

Ratio Decidendi

The appeal is moot because the Belarus Supreme Court has already determined the Hague Convention proceedings, refusing summary return of the child on grounds of passage of time and settlement in Belarus. There is no longer a live issue for the Irish courts to determine under Article 15 or section 15, and no order should be made.

Court Disposition

appeal dismissed as moot