R. v. R. [2007] IEHC 423 (12 December 2007)

R. v. R. [2007] IEHC 423 (12 December 2007)

The court's failure to comply with the mandatory obligation under Article 11(2) of Council Regulation (EC) 2201/2003 to ensure the child was given an opportunity to be heard constitutes a fundamental deficiency going to jurisdiction, requiring the return order to be set aside.

Citation
[2007] IEHC 423
Parties
Applicant: R; Respondent: R
Jurisdiction
Ireland
Judgment Date
12 December 2007
Procedural Posture
Child Abduction Return Application / Motion to Set Aside Ex Parte Return Order
Outcome
Order for return of child to Latvia set aside; matter to be reheard with child interview and assessment.
Legal Topics
Child Abduction, Hague Convention, Council Regulation (ec) 2201/2003, Child's Right to Be Heard
Family Law International Law Child Abduction Hague Convention Council Regulation (ec) 2201/2003 Child's Right to Be Heard

Case Brief

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Parties

R

Applicant

R

Respondent

Procedural Posture

Child Abduction Return Application / Motion to Set Aside Ex Parte Return Order

Legal Issues

  1. 1 Whether failure to comply with Article 11(2) of Council Regulation (EC) 2201/2003 invalidates a return order under the Hague Convention
  2. 2 Whether the court has inherent jurisdiction to set aside its own ex parte order for return of a child

Ratio Decidendi

The court's failure to comply with the mandatory obligation under Article 11(2) of Council Regulation (EC) 2201/2003 to ensure the child was given an opportunity to be heard constitutes a fundamental deficiency going to jurisdiction, requiring the return order to be set aside.

Court Disposition

Order for return of child to Latvia set aside; matter to be reheard with child interview and assessment.

Orders

  • Order for interview and assessment of minor by qualified person to ensure opportunity to be heard under Articles 12 and/or 13 of Hague Convention.
  • Report to be furnished to High Court and parties' solicitors.