Irish Courts have jurisdiction to deal with best interests of child whose father resides in USA

Family law – appeal of High Court order that there was no jurisdiction to prohibit the removal of a child from this jurisdiction – application for order recognising and enforcing orders of the Kent County Family Court, Rhode Island, United States of America – return of child to Rhode Island from Ireland – injunction prohibiting the removal of child from this jurisdiction – O. 25, r. 2 RSC – O. 34, r. 2 RSC – whether the Courts of Ireland have exclusive jurisdiction – whether the High Court had any jurisdiction, in relation to all issues of parental responsibility concerning the minor – Child Abduction and Enforcement of Custody Orders Act 1991 – Article 8 of Council Regulation EC 2001/2003 – Part II of the Guardianship of Infants Act 1964 – O. 70A of the Rules of the Superior Courts – s. 45 of the Children and Family Relationships Act 2015 – Art. 42A.4 of the Constitution – judicial comity – Hague Convention on International Child Abduction 1980 – European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children – Council Regulation EC No. 2201/2003 – Dicey, Morris & Collins “The Conflict of Laws” 15th Edition – Brussels II bis – S.I. No. 112/2005 – European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations, 2005 – habitual residence – does BII bis apply where orders have been made in a non-member state concerning a child habitually resident in Ireland – Thomas Rauscher, “Parental Responsibility Cases under the new Council Regulation ‘Brussels IIA’”, The European Legal Forum, 1–2005, 37, 40 – forum non conveniens – value embodied in the Brussels II bis Regulation and enshrined in the Constitution is that a minor habitually resident in this state is entitled to have issues concerning welfare and best interests determined in the Irish courts – Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 – estoppel – doctrine of estoppel is not engaged – s15 of the Courts Act 1981 – whether the District and Circuit Courts have exclusive jurisdiction to hear and determine the substantive application – jurisdiction of Irish Courts – appeal allowed.