MH -v- MH [2015] IEHC 771 (02 December 2015)

MH -v- MH [2015] IEHC 771 (02 December 2015)

The court held that 'lodged' in Article 16 of Brussels II bis means the time the document is received by the court, not when it is formally issued. As the English court received the divorce petition before the Irish court issued the judicial separation summons, the English court was first seised. Accordingly, the Irish proceedings must be stayed under Article 19(1) and (3) of Brussels II bis.

Citation
[2015] IEHC 771
Parties
Applicant: M. H.; Respondent: M. H.
Jurisdiction
Ireland
Judgment Date
02 December 2015
Procedural Posture
Judicial Separation / Application to Determine Jurisdiction Under Brussels II Bis
Outcome
Irish proceedings stayed in favour of English court
Legal Topics
Judicial Separation, Divorce, Jurisdiction, Lis Pendens, Brussels II Bis
Family Law International Private Law Judicial Separation Divorce Jurisdiction Lis Pendens Brussels II Bis

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Parties

M. H.

Applicant

M. H.

Respondent

Procedural Posture

Judicial Separation / Application to Determine Jurisdiction Under Brussels II Bis

Legal Issues

  1. 1 Which court is first seised under Article 16 of Brussels II bis for proceedings between the same parties in Ireland and England and Wales
  2. 2 Interpretation of 'lodged' in Article 16 of Brussels II bis

Ratio Decidendi

The court held that 'lodged' in Article 16 of Brussels II bis means the time the document is received by the court, not when it is formally issued. As the English court received the divorce petition before the Irish court issued the judicial separation summons, the English court was first seised. Accordingly, the Irish proceedings must be stayed under Article 19(1) and (3) of Brussels II bis.

Court Disposition

Irish proceedings stayed in favour of English court

Orders

  • Irish proceedings stayed pending establishment of jurisdiction by English court