Supreme Court allows appeal from High Court, and sets aside a 2015 order authorising the Child and Family Agency (CFA) to request the High Court of England and Wales to assume jurisdiction of a case concerning the care of a child born to a mother who had moved from the UK to Ireland shortly before the child's birth, where: (a) the Supreme Court had referred certain questions to the Court of Justice of the European Union, and received answers on the relevant points, including that the best interests of the child were paramount in such litigation; and (b) the position of the child with Irish foster carers was satisfactory, and the CFA no longer intended to apply for the case to be transferred to the courts of England and Wales.
MacMenamin J (nem diss): Mother arrived in Ireland from UK shortly before birth of child - elder child already in care in UK - history of personality disorder and physical violence by mother - proposal by UK authorities that expected child be placed in foster family - mother left UK in light of proposal - application by Child and Family Agency (CFA) to place child in foster care - order granted by Circuit Court - application to High Court to have case transferred to courts of England and Wales - appeal directly to Supreme Court - matters of general public importance - urgency - whether High Court should consider effect on exercise of mother's right to move to another EU member state - whether assessment of child's interests was a question of forum rather than welfare - Article 15 of Regulation 2201/2003/EC - reference to Court of Justice of the European Union - judgment of CJEU - emphasis on best interests of the child - fundamental rights of child - "particular connection" with other member state - practical consequences of judgment - events subsequent to referral to CJEU - interests of child being paramount - lapse of time in court.