M.H.A. -v- A.P. [2013] IEHC 611 (16 December 2013)

M.H.A. -v- A.P. [2013] IEHC 611 (16 December 2013)

The Irish High Court retains jurisdiction under Regulation 2201/2003 as none of the conditions for transfer of jurisdiction to Poland have occurred. It is in the best interests of the child to facilitate re-establishment of contact with the Father, requiring the child's return to Ireland for a period, joint custody, and assessment, pending a full custody hearing.

Citation
[2013] IEHC 611
Parties
Applicant: M. H. A.; Respondent: A. P.
Jurisdiction
Ireland
Judgment Date
16 December 2013
Procedural Posture
Interlocutory Application in Family Law / Interlocutory Judgment
Outcome
interlocutory orders granted pending further order or determination
Legal Topics
Parental Responsibility, Child Custody, Hague Convention, Council Regulation Ec/2201/2003, Guardianship of Infants Act 1964
Family Law International Child Abduction EU Law Parental Responsibility Child Custody Hague Convention Council Regulation Ec/2201/2003 Guardianship of Infants Act 1964

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Parties

M. H. A.

Applicant

A. P.

Respondent

Procedural Posture

Interlocutory Application in Family Law / Interlocutory Judgment

Legal Issues

  1. 1 Does the Irish High Court retain jurisdiction over parental responsibility for the child Alan under Regulation 2201/2003?
  2. 2 Should an interlocutory order for the return of the child to Ireland be made pending a full custody hearing?
  3. 3 What interim arrangements for custody and access are appropriate in the child's best interests?

Ratio Decidendi

The Irish High Court retains jurisdiction under Regulation 2201/2003 as none of the conditions for transfer of jurisdiction to Poland have occurred. It is in the best interests of the child to facilitate re-establishment of contact with the Father, requiring the child's return to Ireland for a period, joint custody, and assessment, pending a full custody hearing.

Court Disposition

interlocutory orders granted pending further order or determination

Orders

  • Joint custody of Alan granted to both parents; day-to-day care and control to Mother, subject to access rights for Father.
  • Order for return of Alan to Ireland pursuant to Articles 11(7) and (8) of Regulation 2201/2003, with stay until 15 January 2014 and further stay if Mother provides undertakings and evidence of travel arrangements by 13 January 2014.