The Child Abduction and Enforcement of Custody Orders Act 1991, and A, a minor SM v AJB

• Jurisdiction: Ireland
• Judgment Date: 09 November 1994
• Date: 09 November 1994
• Docket Number: [1994 No. 655 Sp.]
• Court: High Court

( H.C.)

S.M

and

A.J.B

- Non-marital child - Parents resident in England - Access granted to mother - Abduction by father - Removal to Ireland - Whether improper removal within meaning of Luxembourg Convention - Whether alteration of access provisions permitted by Luxembourg Convention - Whether enforcement of original order manifestly no longer in accordance with the welfare of the child - Onus of proof - European Convention on the Recognition and Enforcement of Decisions concerning the Custody of Children and on Restoration of Custody of Children, 1986, arts. 1, 7, 9, 10, 11, 15 - Child Abduction and Enforcement of Custody Orders Act, 1991 (No. 6), Part III.

The European Convention on the Recognition and Enforcement of Decisions concerning the Custody of Children and on Restoration of Custody of Children signed at Luxembourg on the 20 May, 1986 ("Luxembourg Convention"), was incorporated into Irish law by the Child Abduction and Enforcement of Custody Orders Act, 1991. Article 7 of the Luxembourg Convention provides - "A decision relating to custody given in a Contracting State shall be recognised and, where it is enforceable in the State of origin, made enforceable in every other Contracting...