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The Court of Appeal has dismissed an appeal from the High Court, and affirmed the dismissal of a challenge by a father to the jurisdiction of Irish courts concerning custody and access to his children following a High Court decision. The father's contention was based on a misinterpretation of a 2017 High Court order, which he claimed limited jurisdiction to access applications only. The Court of Appeal found that the High Court had correctly remitted the proceedings to the Circuit Court to be heard alongside ongoing divorce proceedings, ensuring a comprehensive resolution of all issues related to the marriage breakdown. The original decision by the High Court to not return the children to Pakistan, and the subsequent proceedings, were affirmed, with the Court of Appeal emphasising the importance of the children's welfare and the expeditious resolution of family law matters.
Court of Appeal, jurisdiction, child custody, access, family law, divorce proceedings, High Court, Circuit Court, Guardianship of Infants Act 1964, Family Law Divorce Act 1996, Hague Convention, child abduction, international family law dispute, Pakistani court orders, habitual residence, welfare of children, remittal, Order 70A Rule 15 (RSC), inherent jurisdiction.
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.
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