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The Court of Appeal, in reviewing a High Court decision, does not conclusively determine whether prolonged delays by a Central Authority in child abduction cases could result in the loss of the High Court's retained jurisdiction. The case in question paralleled the circumstances of Z. v. Z., where a non-return order was issued by the requested state due to "grave risk" and substantial delays followed in the High Court application process. The Court of Appeal highlighted the importance of expediency in such matters but refrained from setting a precedent on the legal effects of such delays, as the issue was not fully argued in court. The original decision of the High Court was not overturned, and the Court of Appeal's observations suggest that the matter may require future judicial consideration.
Child Abduction - Court of Appeal - High Court - Central Authority - Non-Return Order - Article 13(b) - Grave Risk - Retained Jurisdiction - Delay - Brussels IIa Regulation - Rules of the Superior Courts (RSC) - Order 133 - Z. v. Z. [2021] IEHC 20 - D.M.M. v. O.P.M. [2019] IEHC 238 - A.O.K. v. M.K. (Child abduction) [2011] 2 I.R. 498 - Article 11(6) - Article 11(7) - Best Interests of the Child.
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