O'M v S (Approved) [2020] IEHC 541 (30 October 2020)

O'M v S (Approved) [2020] IEHC 541 (30 October 2020)

The Irish High Court has jurisdiction to make mirror orders reflecting the Singaporean Court's custody and access arrangements, as the child is an Irish citizen and the welfare of the child is best served by ensuring enforceability of the agreement in Ireland. The prior Irish High Court endorsement of the settlement and the consent of both parties further support the appropriateness of the mirror order.

Citation
[2020] IEHC 541
Parties
Applicant: O'M; Respondent: S
Jurisdiction
Ireland
Judgment Date
30 October 2020
Procedural Posture
Guardianship Application / Final Judgment
Outcome
mirror orders granted on consent
Legal Topics
Guardianship, Custody, Mirror Orders, Enforcement of Foreign Orders, Child Welfare
Family Law Private International Law Guardianship Custody Mirror Orders Enforcement of Foreign Orders Child Welfare

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Parties

O'M

Applicant

S

Respondent

Procedural Posture

Guardianship Application / Final Judgment

Legal Issues

  1. 1 Jurisdiction of Irish courts to make mirror orders reflecting foreign custody arrangements
  2. 2 Enforceability of custody and access agreements in Ireland
  3. 3 Best interests of the child in cross-jurisdictional custody arrangements

Ratio Decidendi

The Irish High Court has jurisdiction to make mirror orders reflecting the Singaporean Court's custody and access arrangements, as the child is an Irish citizen and the welfare of the child is best served by ensuring enforceability of the agreement in Ireland. The prior Irish High Court endorsement of the settlement and the consent of both parties further support the appropriateness of the mirror order.

Court Disposition

mirror orders granted on consent

Orders

  • Mother and father appointed joint custodians of the child under Singaporean and Irish law.
  • Joint custody with care and control to mother, access to father as specified.