Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, in a supplemental judgement following a decision declaring unenforceable an order of the High Court of England and Wales that children be returned to that jurisdiction from Ireland, refuses an order directing that the children be returned to Ireland, on the grounds that: the habitual residence of two of the children was England, and they were subject to court orders there; and the third child (who had always lived with the other two) could not reasonably be said to be habitually resident in Ireland, in particular where he had been brought to Ireland to avoid the jurisdiction of the English courts.
Child Abduction - supplemental judgment - setting aside of ex parte order to return children to England - orders to be made - Return Order not recognised in Ireland - costs of application - whether children to be returned to Ireland - breach of fundamental rights - return of children to UK on foot of an order since set aside - exercise of discretion of the court - habitual residence of children - two children lived in England until brought to Ireland - matters relating to their welfare etc being matters for courts of England and Wales - parents travelled to Ireland to avoid jurisdiction of Courts of England and Wales.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now