T.D v A.M.P & Anor [2006] IEHC 68 (08 March 2006)

T.D v A.M.P & Anor [2006] IEHC 68 (08 March 2006)

The Court cannot determine, on the evidence currently before it, whether the father or the courts of Michigan had rights of custody within the meaning of the Hague Convention prior to the children's removal; further evidence on Michigan law is required.

Citation
[2006] IEHC 68
Parties
Applicant: T. D.; Respondent: A-M P.; Respondent: J. R.
Jurisdiction
Ireland
Judgment Date
08 March 2006
Procedural Posture
Family Law Child Abduction / Interlocutory Judgment; Application for Return of Children Under Hague Convention Adjourned Pending Further Evidence
Outcome
Application adjourned; no final determination on wrongful removal or return of children.
Legal Topics
Child Abduction, Custody Rights, Hague Convention, Habitual Residence, Wrongful Removal
Family Law International Law Child Abduction Custody Rights Hague Convention Habitual Residence Wrongful Removal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

T. D.

Applicant

A-M P.

Respondent

J. R.

Respondent

Procedural Posture

Family Law Child Abduction / Interlocutory Judgment; Application for Return of Children Under Hague Convention Adjourned Pending Further Evidence

Legal Issues

  1. 1 Whether the removal of children from Michigan, USA to Ireland was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the father or Michigan courts had 'rights of custody' within the meaning of the Convention prior to removal

Ratio Decidendi

The Court cannot determine, on the evidence currently before it, whether the father or the courts of Michigan had rights of custody within the meaning of the Hague Convention prior to the children's removal; further evidence on Michigan law is required.

Court Disposition

Application adjourned; no final determination on wrongful removal or return of children.

Orders

  • Application adjourned to permit applicant to seek further affidavit of laws from Michigan Central Authority or other competent authority.
  • Court will hear counsel on procedural method for obtaining further evidence on Michigan law.