KW v PW: 2 Sep 2016

Irish High Court O’Hanlon J said: ‘This Court finds that the inherent jurisdiction is not applicable in this case. The inherent jurisdiction exists to fill a lacuna in the law and there is no lacuna here. To use the inherent jurisdiction to make an order returning these children to Australia after holding that they are habitually resident in Ireland would be to circumnavigate the content and the principles of the Hague Convention.’

Judges:

O’Hanlon J

Citations:

[2016] IEHC 513

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedIn re NY (A Child) (Reunite International and others intervening) SC 30-Oct-2019
The father had applied for a summary order requiring the return of the daughter to Israel. The Court was asked to consider whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 05 May 2022; Ref: scu.677001