Going abroad: the Distinction between a 'Holiday' and a 'Placement' under Article 56 of the Brussels II Regulation

Date01 January 2012
Going abroad: the Distinction between
a “Holiday” and a “Placement” under
Article 56 of the Brussels II Regulation1
Since th e Supreme Court decisio n in Western Health Boar d, Applicant v
KM,2the power of the District Court to order a foreign placement pursuant
to Section 47 of the Child Care Act 19913(hereinafter “the Act of 1991”)
is firmly established . The KM d ecision, however, preceded the Brussels II
Regulation No 2201/2003,4Article 56 of which sets out a formal procedure
of international co-operation between desi gnated Central Authorities that
manage the a dministrative aspects of inter national placements involving
children in care.
It is suggested that a difficulty now exists with regard to the parameters
of compliance necessary under Article 56 of Regulation No 2201/2003
when making orders under Section 47 of the Act of 1991. The difficulty
stems from the language of Article 56 itself (discussed in further detail
below), which d oes not contain a definition f or the term “pl acement” (be
this deliberate or otherwise). In the absence of clear guidance on the
interpretatio n of this term, it b ecomes difficult to co nstruct a finite set of
circumstances and scenarios where a Section 47 Order will require
compliance with Article 56. It is suggested that a practica l difficulty may
arise for the District Cou rt in Ireland wh ere it is asked to grant an o rder
permitting a child to leave Ireland to go on a holiday abroad with State
appointed foster carers.
* BCL, LLM, LLMR. Trainee Solicitor at ByrneWallace Solicitors, 2 Grand Canal
Square, Dublin 2.
1All references to holiday in this text refer to holidays outside the Irish jurisdiction.
2Western Health Board, Applicant v KM, Respondent [2002] 2 I.R. 493
3 Section 47 of the Child Care Act 1991 states:
Where a child is in the care of a he alth board, the District Court may, of its own
motion or on the app lication of any person, give such dire ctions and make such
order on a ny question affecting the welfare of the child as it thinks proper and
may vary or discharge any such direction or order.
4 Council Regulation (EC) No 220 1/2003 of 27 November 2003 concerning
Jurisdiction and the Recogni tion and Enforcement of Jud gments in Matrimonial
Matters an d the Matters of Parental Respo nsibility, repealing Regula tion (EC) No
1347/2000 (hereafter “Regulation No 2201/2003”). The Regulation applies to orders
relating to parental responsibilit y made after 1 March 2005, including those mad e
pursuant to public law proceedings.
06 HJ Ryle02_Layout 1 25/06/2012 09:55 Page 167

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