R.H v A.R (Approved)

1.1������ The international law governing child abduction has one primary objective:� to prevent the trauma caused to a child by the unilateral decision of one parent or guardian to move that child to another jurisdiction, thereby potentially disrupting the child�s life in many ways and usually damaging the child�s relationship with another parent or guardian still resident in the child�s home country.�

1.3������ The Regulation complements and fortifies the Hague Convention and applies to EU member states, providing a mechanism for the swift return of children who have been wrongfully removed from the country in which they habitually reside and making various provisions as to how the jurisdictions in different courts may be exercised in such cases.

2.1������ The child, W, was born in 2010.� In 2016, District Court guardianship proceedings were commenced in Ireland by the Applicant father for guardianship but, when first listed in January of 2017, no court order issued and no further step was taken in the proceedings at that time.� In April of 2017, the Respondent went to Poland with W.� On the 18 th of December 2017, the Applicant instituted proceedings under the Hague Convention in Poland.

3.�������� Issues: Status of the District Court Order, Approbation and Reprobation

3.2������ The Respondent argues that the District Court Order made on the 27 th of February 2018 is, for the purposes of Articles 10 and 11 of the Regulation, a decision made by the courts of habitual residence (at the material time) of the child, relating to the custody of the child.� That Order was not appealed and cannot now be reprobated by the Applicant.