Rights of custody were vested in District Court, rendering child removal unlawful under Hague Convention

The High Court determined that the removal of a young child from Ireland by the mother to another jurisdiction was unlawful under international child abduction law, as proceedings seeking parental rights and guardianship had been both issued and properly served before the departure. Although paternity of the applicant (the alleged father) had not been formally established and remained challenged by the mother, the court found that, through the commencement and service of proceedings, the District Court was vested with rights of custody before the child's removal, thereby satisfying the legal threshold for wrongful removal. The court rejected arguments based on alleged service irregularities and the absence of a statutory declaration concerning mediation efforts, holding that such issues did not invalidate the proceedings or defeat the vesting of custody rights in the court. The court's decision clarifies that proper notice and procedural compliance can give rise to inchoate rights of custody vested in the court, which, if violated by removal, amount to a wrongful abduction under the Hague Convention framework.