M.M. -v- J.L. [2018] IEHC 114 (05 February 2018)

M.M. -v- J.L. [2018] IEHC 114 (05 February 2018)

The court found that the respondent was habitually resident in France at all material times, and the applicant was habitually resident in the United States following the breakdown of the marriage, only returning to Ireland after 2010. The applicant did not establish habitual residence in Ireland for the relevant period prior to the proceedings. Therefore, the Irish High Court does not have jurisdiction under Article 3 of the Regulation.

Citation
[2018] IEHC 114
Parties
Applicant: M. M.; Respondent: J. L.
Jurisdiction
Ireland
Judgment Date
05 February 2018
Procedural Posture
Family Law Divorce / Jurisdictional Challenge Motion Under Article 17 of Council Regulation (ec) No. 2201/2003
Outcome
Irish High Court lacks jurisdiction under Council Regulation (EC) No. 2201/2003 for these divorce proceedings.
Legal Topics
Jurisdiction Under Brussels II Regulation, Habitual Residence, Domicile, Divorce Proceedings, Recognition of Foreign Judgments
Family Law International Private Law Jurisdiction Under Brussels II Regulation Habitual Residence Domicile Divorce Proceedings Recognition of Foreign Judgments

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Parties

M. M.

Applicant

J. L.

Respondent

Procedural Posture

Family Law Divorce / Jurisdictional Challenge Motion Under Article 17 of Council Regulation (ec) No. 2201/2003

Legal Issues

  1. 1 Whether the Irish High Court has jurisdiction under Council Regulation (EC) No. 2201/2003 for divorce proceedings between the parties
  2. 2 Determination of habitual residence and domicile of the parties for the relevant period prior to proceedings

Ratio Decidendi

The court found that the respondent was habitually resident in France at all material times, and the applicant was habitually resident in the United States following the breakdown of the marriage, only returning to Ireland after 2010. The applicant did not establish habitual residence in Ireland for the relevant period prior to the proceedings. Therefore, the Irish High Court does not have jurisdiction under Article 3 of the Regulation.

Court Disposition

Irish High Court lacks jurisdiction under Council Regulation (EC) No. 2201/2003 for these divorce proceedings.

Orders

  • Declaration under Article 17 that the Irish Courts have no jurisdiction under the Regulation.
  • Proceedings dismissed for want of jurisdiction.