H. R. (R. G.) v. G. (L. M.)

The applicant is the father of the two boys named in the title who were born on 6th July, 1994 and 14th September, 1996 respectively. The respondent is the mother of the boys. The applicant and the respondent are not and have not been married to each other.

The Luxembourg Convention has been enacted into law in Ireland by the Child Abduction and Enforcement of Custody Orders Act, 1991. Section 21(1) of the Act of 1991 provides:-

It is common case that the July 2004 Order is a "decision relating to custody" within the meaning of article 1 of the Luxembourg Convention. That definition includes decisions relating to the right of access or contact in the terms used in England and Wales.

The grounding affidavit herein exhibits a certificate of enforceability of the July 2004 Order from the Central Authority for England and Wales. Accordingly, the applicant is entitled to the relief sought unless the respondent establishes that the Court should refuse recognition and enforcement on one of the grounds specified in the Luxembourg Convention. The onus of establishing the facts which would justify a refusal rests on the respondent in accordance with the decision of the Supreme Court in R.J. v. M.R. [1994] 1 I.R. 271. In that case Finlay C.J. stated at p. 289:

The permissible grounds upon which an application for recognition and enforcement may be refused by the courts of the State addressed are set out in articles 9 and 10 of the Luxembourg Convention. It is common case that article 9 is not relevant. The respondent sought to rely on article 10.1(b) and (c). These provide: