Court orders return of child of Irish national father to Brunei

Applicant father seeks an order of the Court directing the return of the parties’ daughter, N, to her place of habitual residence in Brunei, Darussalam and an order directing that these proceedings be heard and determined summarily for the purpose of safeguarding the welfare of the child and for the purpose of protecting the applicant’s rights of custody - parties are in agreement that this is appropriate and that neither the Hague Convention nor EC Council Regulation 2201/2003, Brussels II bis, have any application to the circumstances of the case - applicant father is an Irish national and the respondent mother is a Chinese national - applicant is fifty-two years of age and the respondent is thirty-two years of age - N was born at Negara, Brunei, Darussalam on 26th January, 2015 and is an Irish citizen - in 2011, the parties made a joint decision to relocate to Brunei, Darussalam - on 6th March, 2017, without the knowledge or consent of the applicant, the respondent took N from Brunei, Darussalam to Ireland - the respondent has been assisted by the applicant’s sister, a doctor, who resides in the Dublin area and by the applicant’s father, who swore an affidavit in support of the respondent in this application - applicant deposes that at the time the respondent and N. travelled to Ireland, he was the sole earner and financial contributor to the family house - respondent alleged alcohol abuse by the applicant - applicant avers that his remuneration package in Brunei is very generous - solicitor from Brunei averred that the civil jurisdiction of the Sharia Courts of Brunei only extends to proceedings which relate to marriage or any matrimonial matter where one or both of the parties to the marriage is a Muslim and that the Sharia Courts do not have civil jurisdiction over non-Muslim marriages or matters such as commercial, contractual and tortuous claims - respondent would be entitled to make an application for maintenance for her own and/or N’s support in Brunei - in considering the orders to be made for the custody, care and control of a child of the family in divorce proceedings, the Brunei, Darussalam courts will have regard to what is in the best interest of the child - in considering the orders to be made for the custody, care and control of a child of the family in divorce proceedings, the Brunei, Darussalam courts will have regard to what is in the best interest of the child - section 31 of the Act of 1964 then sets out the factors that are to be taken into account in determining, for the purpose of the Act what is in the best interest of the child - child ordered to be returned to Brunei.