CFA -v- G & ors Number 3

• Court: District Court (Ireland)
• Judge: Toale J.
• Judgment Date: 06 October 2017
• Neutral Citation: [2017] IEDC 21
• Case Outcome: Approved
• Date: 27 November 2003

[2017] IEDC 21

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 3)

[Note #1: 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 children.

Note #2; This decision was delivered from notes and this version is prepared thereafter on basis of the digital audio

recording.]

1. For the reasons set out in my previous dec isions, CFA v G and ors (No 1) [2017] IEDC 10 and CFA v G and ors (No 2) [2017]

IEDC 11 I have c oncluded that this court has jurisdiction over the subst ance of this cas e by virtue of Article 13 of Counc il Regulation

(EC) no 2201/2003 of 27 November 2003 concerning jurisdiction and t he recognition and enforc ement of judgments in matrimonial

matters and the matte rs of parental responsibility, (The Regulation).

2. I don’t propose to set out again the fac tual matrix set out in t he previous decisions.

3. 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

consider t hat a c ourt of another Member Stat e, with whic h the c hild has a particular c onnection, would be bett er placed

to hear the c ase, or a specific part t hereof, and where t his is in the best inte rests of the c hild:

(a)stay the c ase or t he part thereof in question and invite the par ties to introduce a request bef ore the court of

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

(b)request a court of another Member Stat e to assume jurisdiction in ac cordance with par agraph 5.

2.Paragraph 1 shall apply:

(a)upon application from a party; or

(b)of the court’s o wn motion; or

(c)upon application f rom a c ourt o f another Member Stat e with which t he 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 c onsidered to have a partic ular connec tion to a Member State as m entioned in paragraph 1, if t hat

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