Irish courts have no jurisdiction in respect of parental responsibility of child with habitual residence in Scotland

Family law - ex parte application seeking a declaration that the courts of Ireland do not have jurisdiction under the relevant European law in respect of matters concerning parental responsibility for the infant the subject matter of the proceedings - orders were sought directing the Court to proceed to transfer this matter back to the courts of Scotland - action was necessitated on the basis that there was an Interpol alert for the infant and a high level of concern for the infant’s safety and wellbeing - District Court heard ancillary proceedings - judge raised a question in relation to the exercise of the District Court's jurisdiction - whether there was an obligation on the District Court to make a declaration under article 17 of the Regulation where the presiding judge came to the conclusion that a Court of another Member State had jurisdiction under the Regulation - whether the District Court can or should discharge the functions under the Regulation on determinations of jurisdiction – relevant provisions of the relevant European Regulation – jurisdiction - enforcement of judgments – the infant is and was at all material times habitually resident within the jurisdiction of England and Wales, with predominant residence in Scotland - assessment concluded that the infant was in need of compulsory measures of care - left that jurisdiction before the 12th November, 2014 - a Children’s Hearing took place in Dundee in the absence of the mother - on locating the infant, the Gardaí exercised their powers and removed the infant from his mother’s care and placed the infant in the care of the Child and Family Agency - District Court granted an emergency care order for one week in respect of the infant - an application for interim care order – at the hearing, the mother confirmed that she had been served with an envelope containing the Scottish court proceedings - aware that the hearing was scheduled to take place - interim care order was made - only stated explanation for the infant being in this jurisdiction is that the first named defendant admits to seeking to evade Social Services in Scotland - habitual residence - the particular jurisdiction to be exercised will lie within the system established for childcare cases in Scotland – mother argued that the courts of Scotland were not seised of this case - Hague Convention - Court accepts that the mother was aware at all times of the proceedings and did wish to have the infant named herein returned to Scotland and to his school there - High Court can take protective measures if necessary under the Regulation - a guardian ad litem was appointed - wishes and feelings of the infant - Court grants a declaration under article 17 of Council Regulation (E.C) that the courts of Ireland have no jurisdiction under the Regulation in respect of matters concerning parental responsibility for the child who is the subject of these proceedings - how the infant might be returned - matter for the Scottish courts to consider and decide all welfare issues arising - High Court is the appropriate forum to discharge the functions under the Regulation.