High Court, in a dispute concerning the custody of children, grants an American father an order staying the Irish mother from bringing any further proceedings in the Irish Courts pending the determination by the Court of Rhode Island and Providence Plantations of whether it has and will assume jurisdiction to hear the issues relating to the custody, access and living arrangements of the children, on the grounds that the jurisdictional question has yet to crystallise and it is only after that matter has been determined that the court in Ireland properly knows whether there is a genuine and extant dispute between competing jurisdictions.
Child abduction and the enforcement of custody orders – Irish mother and American father had three children – they resided in America – the couple divorced – granted joint custody – on consent, the children were relocated to Ireland with the father being given visitation rights – mother instituted a special summons seeking a declaration that Ireland is the place of habitual residence of the children and that the Irish Court has jurisdiction in all matters pertaining to their welfare, custody and access, and claiming that the father had wrongfully retained the children from the place of their habitual residence – Hague Convention – father sought a stay of the proceedings pending the determination by the Court of Rhode Island and Providence Plantations of the matter adjourned before that Court – while the children were on vacation with the father in America, he made an emergency ex parte application for custody – mother had the orders set aside – parties entered into an agreement whereby the two youngest children returned to Ireland and the son remained in America for extended stay and was temporarily enrolled in school – US court intends to hear the issue of jurisdiction as a preliminary issue – at the time of the divorce, parties agreed that the Court of Rhode Island would have jurisdiction – father argues that this was not a Hague Convention matter as the children were not wrongfully removed and retained - matter was dealt with by the Court of Rhode Island to the satisfaction of the mother – Irish Court has inherent jurisdiction to stay proceedings - doctrine of forum non-conveniens applies - only if the Rhode Island Court accepts jurisdiction that there is a genuine or real jurisdictional dispute which will or may come to be heard in Ireland.