K v N

Ms Maggie Jones (instructed by Ben Hoare Bell LLP) for the Applicant Ms Soraya Pascoe (instructed by HRS Family Law Solicitors) for the Respondent Hearing dates: 12 and 13 July 2022 ____________________

i) Does the issue of an application for Guardianship in the Irish court act to attribute to the applicant rights of custody for the purposes of Art 3 of the Hague Convention 1980 under Irish law?

ii) If it is proved that the applicant is not the biological father of the child what impact under Irish law would this have on the Order made by District Judge Seamus Hughes, sitting at the District Court Area of Longford, on 12 April 2021 appointing the applicant as guardian of the child? Specifically, would it be set aside or maintained? If it would be set aside would this require an application by the respondent or would the court do so ex proprio motu ? Would the set aside take effect ab initio or only from the date of the set-aside Order?

iii) In any event, if the applicant is not the biological father of the child, did the Guardianship order attribute to him rights of custody for the purposes of Article 3 of the Hague Convention 1980 under Irish law on or about 28 April 2021 (being the date on or about which the Applicant alleges the Respondent removed the child from the Republic of Ireland)?

iv) Please explain the procedure for seeking and obtaining a Guardianship Order and set out the substantive law for a successful application.