A.A.A.S. -v-S.A.S & anor

JudgeHorgan P.
Judgment Date18 January 2019
Neutral Citation[2019] IEDC 2
Case OutcomeApproved
Docket NumberZ1957 2018
Date27 November 2003
CourtDistrict Court (Ireland)
Record No. Z1957/2018
AN CHUIRT DUICHE THE DISTRICT COURT
[REDACTED] DISTRICT
CHILD CARE ACT 1991 - SECTION 17(1)
APPLICATION FOR AN INTERIM CARE ORDER
In the Matter of Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition
and enforcement of judgments in matrimonial matters and matters of parental responsibility (the "regulation").
IN THE MATTER OF AAAS, A CHILD
Child and Family Agency
Applicant
-and-
SAS
First Named Respondents
-and-
MSAS otherwise known as AAS
Second Named Respondent
Application to Extend Interim Care Order and Request to Transfer this Case for Hearing to a Court Better Placed to Hear the Case Under Article
15 Council Regulation (EC) No 2201/2003 Of 27 November 2003 Concerning Jurisdiction and The Recognition and Enforcement of Judgments in
Matrimonial Matters and Matters of Parental Responsibility (The "Regulation").
1. This case concerns a baby who is approximately 10 weeks old having been born in November 2019. The Court made an Interim Care Order
under Section 17(1) of the Child Care Act, 1991 on 3 December 2018 and granted an Extension of the Interim Care Order on 21 December 2018
in accordance with Section 17(2) of the 1991 Act. The Court appointed a Guardian Ad Litem to represent the best interests of the child.
2. Having assessed the Court’s Jurisdiction under Article 17 of the Regulation, and having considered the submissions by counsel for the mother and
father and the solicitor for the Agency and taking into account the relevant Articles in the Regulation as well as case of Re A (Area of Freedom,
Security and Justice) Case C-523/07, [2009] 2 FLR and Mercredi v Chaffe Case C-498/10, [2011] 1 FLR 1293 and Case C 393/18 PPU UD v
XB on 3 December 2018 the Court found that it was properly seized of this case pursuant to Article 13 of the Regulation based on the child’s
presence and birth in this jurisdiction.
3. Article 15 of the Regulation provides:
‘1. By way of exception, the courts of a Member State having jurisdiction as to the substance of the matter may, if they consider that a court of
another Member State, with which the child has a particular connection, would be better placed to hear the case, or a specific part thereof, and
where this is in the best interests of the child:
(a) stay the case or the part thereof in question and invite the parties to introduce a request before the court of that other Member State in
accordance with paragraph 4; or
(b) request a court of another Member State to assume jurisdiction in accordance with paragraph 5.
2. Paragraph 1 shall apply:
(a) upon application from a party; or

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT