WM -v- KM [2012] IEHC 183 (02 May 2012)

WM -v- KM [2012] IEHC 183 (02 May 2012)

The Irish Court refused to dismiss or strike out the proceedings because the Polish District Court's decision did not determine whether the removal was wrongful under Polish law, and the Irish Court must resolve this issue with proper evidence before deciding the father's application for return under Article 12 of the Hague Convention.

Citation
[2012] IEHC 183
Parties
Applicant: W M; Respondent: K M
Jurisdiction
Ireland
Judgment Date
02 May 2012
Procedural Posture
Child Abduction Application / Interlocutory Application to Dismiss or Strike Out Proceedings
Outcome
application to dismiss or strike out refused
Legal Topics
Child Abduction, Custody, Hague Convention, Jurisdiction
Family Law International Law Child Abduction Custody Hague Convention Jurisdiction

Case Brief

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Parties

W M

Applicant

K M

Respondent

Procedural Posture

Child Abduction Application / Interlocutory Application to Dismiss or Strike Out Proceedings

Legal Issues

  1. 1 Whether the Irish Court should dismiss or strike out the father's application for return of the child to Poland under the Hague Convention due to the Polish District Court's decision
  2. 2 Whether the removal of the child from Poland to Ireland was wrongful under Article 3 of the Hague Convention

Ratio Decidendi

The Irish Court refused to dismiss or strike out the proceedings because the Polish District Court's decision did not determine whether the removal was wrongful under Polish law, and the Irish Court must resolve this issue with proper evidence before deciding the father's application for return under Article 12 of the Hague Convention.

Court Disposition

application to dismiss or strike out refused

Orders

  • The respondent's application for dismissal or strike out is refused.
  • The applicant remains entitled to have the Irish Courts determine his application for return of the child to Poland under Article 12 of the Hague Convention.