CFA -v- G & ors Number 4

• Judge: Toale J.
• Judgment Date: 06 December 2017
• Neutral Citation: [2017] IEDC 22
• Case Outcome: Approved
• Date: 27 November 2003
• Court: District Court (Ireland)

[2017] IEDC 22

AN CHUIRT DUICHE THE DISTRICT COURT

THE CHILD AND FAMILY AGENCY

APPLICANT

-AND-

G

-and -

others

Respondents

C, guardian ad litem to F

In the matter of child F

(Number 4)

[Note: This version of the original decision delivered is prepared for the purpose of publication. Any changes from to the

original are intended only to be as to form and not as to substance, and are for the purpose of reducing the possibility of

identification of the child.]

1. For the reasons set out in my previous dec isions, CFA v G and ors (No 1) [2017] IEDC 10 (Decision #1) and CFA v G and ors

(No 2) [2017] IEDC 11 (Decision #2), I have conc luded that this c ourt has jurisdiction over t he substanc e of t his case by virtue of

Article 13 of Counc il Regulation (EC) no 2201/2003 of 27 November 2003 concerning jurisdict ion and the recognition and enforc ement

of judgments in matrimonial matters and the matters of parental responsibility (The Regulation).

2. Article 15 of t he Regulation provides:

‘1.By way of exce ption, the c ourts of a Member State hav ing jurisdict ion as to t he substanc e of t he matt er may, if they c onsider

that a court of anot her Member Stat e, with which the c hild has a part icular connec tion, would be better placed to hear the c ase, or

a specific part thereof, and where t his is in the best inte rests of the c hild:

(a) stay the c ase or the part thereof in question and invite the parties t o introduce a request before t he court of

that ot her member stat e in accordanc e with paragraph 4; or

(b) request a court of another Member State t o assume jurisdiction in accor dance w ith paragraph 5.

2.Paragraph 1 shall apply:

(a) upon application from a part y; or

(b) of t he court ’s own motion; or

(c) upon applicat ion from a c ourt of another Member Stat e with which the c hild has a particular c onnection, in

acc ordance with paragraph 3.

A transfer made of t he c ourts own m otion or by applicat ion of a c ourt of another Member Stat e must be acc epted by at

least one of the part ies.

3. The c hild shall be considered to have a part icular c onnect ion to a Member State a s mentioned in paragraph 1, if that

Member Stat e:

(a) has bec ome the habitual residence of the c hild after t he court refer red to in para graph 1 was seised; o r

(b) is the fo rmer habitual res idence of t he child; or

(c) is t he place of the c hild’s nationality; or

(d) is the habitual res idence of a holder of parent al responsibility; or

(e) is the plac e where property of the child is located a nd the c ase conc erns measures for the prot ection of the

child relating to t he administrat ion, conserva tion or disposal of t his property.

4. The c ourt of the Me mber State having jurisdiction as to t he substance of the mat ter shall set a time limit by which

the c ourts of that other Membe r State shall be seised in acc ordance w ith paragraph 1.

If the c ourts are not seised by that time, t he c ourt which has been seised shall cont inue to exerc ise jurisdiction in

acc ordance with Articles 8 to 14.

5. The c ourts of that other Member Stat e may, wher e due to the spec ific c ircumst ances of the c ase this is in the best

interests of the child, acc ept jurisdiction within six weeks of their seisure in acco rdance wit h paragraph 1(a) or 1(b). In

this cas e, the c ourt first se ised shall decline jurisdiction. Otherwise, t he court first seised shall cont inue to exerc ise

jurisdiction in acc ordance w ith Articles 8 t o 14.