R.H v A.R (Approved) [2021] IEHC 266 (12 April 2021)

R.H v A.R (Approved) [2021] IEHC 266 (12 April 2021)

The Irish High Court retains jurisdiction under Article 11 of Council Regulation (EC) 2201/2003 to review the Polish non-return order, regardless of prior District Court custody proceedings, as Article 11 provides an autonomous procedure for final determination of custody and return post non-return order; the...

Source-derived case information.

Citation
[2021] IEHC 266
Parties
Applicant: R. H; Respondent: A. R
Jurisdiction
Ireland
Judgment Date
12 April 2021
Procedural Posture
Family Law Child Abduction / Interim Application on Jurisdiction Under Article 11 of Council Regulation (ec) 2201/2003
Outcome
Application refused; High Court retains jurisdiction under Article 11 to review the Polish non-return order.
Legal Topics
Jurisdiction Under Council Regulation (ec) 2201/2003, Child Custody, Habitual Residence, Approbation and Reprobation, Best Interests of the Child
Family Law International Law Child Abduction Jurisdiction Under Council Regulation (ec) 2201/2003 Child Custody Habitual Residence Approbation and Reprobation Best Interests of the Child

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Parties

R. H

Applicant

A. R

Respondent

Procedural Posture

Family Law Child Abduction / Interim Application on Jurisdiction Under Article 11 of Council Regulation (ec) 2201/2003

Legal Issues

  1. 1 Whether the Irish High Court retains jurisdiction under Article 11 of Council Regulation (EC) 2201/2003 to review a Polish non-return order despite prior District Court custody proceedings
  2. 2 Whether the applicant is precluded from seeking return of the child due to approbation and reprobation of the District Court order

Ratio Decidendi

The Irish High Court retains jurisdiction under Article 11 of Council Regulation (EC) 2201/2003 to review the Polish non-return order, regardless of prior District Court custody proceedings, as Article 11 provides an autonomous procedure for final determination of custody and return post non-return order; the applicant's conduct does not amount to approbation and reprobation, nor does it oust the High Court's jurisdiction.

Court Disposition

Application refused; High Court retains jurisdiction under Article 11 to review the Polish non-return order.

Orders

  • Case listed for full hearing to consider welfare and custody of the child.
  • Parties advised to pursue mediation.