The Irish Supreme Court has held that it has no jurisdiction on matters of parental responsibility in the case of the welfare of a young boy and his removal from England. In the case of Child and Family Agency v RD the court rejected an appeal by his mother against an order by the High Court for the return of the boy to care in England.
The High Court made two orders based on a European Council Regulation in respect of matters of parental responsibility and matrimony.
The first order, based on article 17 of the Regulation, declared that the Irish Courts did not have jurisdiction to decide on issues of care and custody of the child on the grounds that the Courts of England and Wales had already examined the issue and made orders in that regard. The English High Court had made orders for the child to be placed in the care of Birmingham City Council and for the child to be returned from Ireland.
The second order made by the Irish High Court, under section 20 of the Regulation, was provisional and protective relief permitting the Child and Family Agency to remove the boy from care in this jurisdiction for return to Birmingham City Council. This order was stayed to allow for an urgent appeal and to permit the child to finish the school year.
The Irish Supreme Court upheld the first order of the High Court, affirming that section 17 applies and jurisdiction for decision on substantial issues belongs to the courts of England and Wales.
With regards to the second order the Supreme Court ordered a one week adjournment to allow the Birmingham City Council to apply to the English Courts for their view on whether the boy should be immediately returned to England for a decision on his care and welfare. The mother was advised to attend the English courts, to seek legal representation and to cooperate with the relevant courts and authorities.
Click here to read the full decision in Child and Family Agency v RD (2014) IESC 47
Click here to read an Irish Times article about the case.