PP -v- PK [2016] IEHC 79 (27 January 2016)

PP -v- PK [2016] IEHC 79 (27 January 2016)

The Court found that the child was wrongfully retained in Ireland but that interim arrangements must be based on the child's best interests. The Court ordered that the child reside with her mother for a period to consolidate their relationship, with structured access to the applicant's family, pending a full hearing. The Irish High Court retains exclusive jurisdiction.

Citation
[2016] IEHC 79
Parties
Applicant: PP; Respondent: PK
Jurisdiction
Ireland
Judgment Date
27 January 2016
Procedural Posture
Child Abduction / Custody (wardship) / Interim Orders Pending Full Hearing
Outcome
Interim orders granted; custody arrangements set pending full hearing; Irish High Court retains jurisdiction.
Legal Topics
Child Abduction, Custody and Access, Jurisdiction, Habitual Residence, Best Interests of the Child
Family Law Child Law International Private Law Child Abduction Custody and Access Jurisdiction Habitual Residence Best Interests of the Child

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Parties

PP

Applicant

PK

Respondent

Procedural Posture

Child Abduction / Custody (wardship) / Interim Orders Pending Full Hearing

Legal Issues

  1. 1 Whether the retention of the child in Ireland was wrongful
  2. 2 Which jurisdiction is appropriate for custody determination
  3. 3 What interim arrangements serve the child's best interests

Ratio Decidendi

The Court found that the child was wrongfully retained in Ireland but that interim arrangements must be based on the child's best interests. The Court ordered that the child reside with her mother for a period to consolidate their relationship, with structured access to the applicant's family, pending a full hearing. The Irish High Court retains exclusive jurisdiction.

Court Disposition

Interim orders granted; custody arrangements set pending full hearing; Irish High Court retains jurisdiction.

Orders

  • Child to reside with respondent (mother) from now until 31 January 2016, then structured weekly access with applicant's sister (aunt).
  • Child to have Skype access with applicant (father) each evening for eight weeks.