McN. -v- R. [2015] IEHC 70 (02 February 2015)

McN. -v- R. [2015] IEHC 70 (02 February 2015)

The Irish High Court does not have jurisdiction to vary or enforce access orders made by the English High Court under the Hague Convention where no such access order exists; the undertakings and views recorded in the English order are not binding access orders. The appropriate forum for determination of access and enforcement issues is the District Court in Ireland, where the children are habitually resident.

Citation
[2015] IEHC 70
Parties
Plaintiff: M. McN.; Defendant: J. R.
Jurisdiction
Ireland
Judgment Date
02 February 2015
Procedural Posture
Family Law / Child Abduction Enforcement / Judgment on Motion to Attach and Commit Defendant for Non Compliance With Mirror Order
Outcome
Plaintiff's motion for attachment and committal of the defendant is struck out; previous order for attachment vacated.
Legal Topics
Child Abduction, Jurisdiction, Enforcement of Foreign Judgments, Access Orders, Hague Convention
Family Law International Law Child Abduction Jurisdiction Enforcement of Foreign Judgments Access Orders Hague Convention

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Parties

M. McN.

Plaintiff

J. R.

Defendant

Procedural Posture

Family Law / Child Abduction Enforcement / Judgment on Motion to Attach and Commit Defendant for Non Compliance With Mirror Order

Legal Issues

  1. 1 Whether the Irish High Court has jurisdiction to vary or enforce access orders made by the English High Court under the Hague Convention
  2. 2 Whether the undertakings and views recorded in the English order constitute enforceable access orders in Ireland
  3. 3 Appropriate forum for determination of access and enforcement issues

Ratio Decidendi

The Irish High Court does not have jurisdiction to vary or enforce access orders made by the English High Court under the Hague Convention where no such access order exists; the undertakings and views recorded in the English order are not binding access orders. The appropriate forum for determination of access and enforcement issues is the District Court in Ireland, where the children are habitually resident.

Court Disposition

Plaintiff's motion for attachment and committal of the defendant is struck out; previous order for attachment vacated.

Orders

  • Order of 12 December 2014 for attachment of defendant vacated.
  • Motion for attachment and committal struck out.