The Court of Appeal has decided to ask the Court of Justice of the EU (CJEU) to rule urgently on whether the Irish court can grant an injunction preventing an English county council proceeding with the adoption of a baby removed from Ireland without the parents’ knowledge.
Mr Justice Gerard Hogan made the referral under the CJEU’s urgent procedure which enables that court to deal speedily, within two to three months, with certain cases.
His decision followed an application by the parents seeking injunctions to prevent adoption of the baby, who, with two older siblings, was handed over by Irish social workers to their English counterparts at Rosslare ferryport last September.
Wardship
The handover followed an application by the English council to the High Court here for enforcement of a wardship order granted by an English court. However, the High Court application was done without the parents being given the opportunity to object.
Mr Justice Hogan, in the appeal court’s first judgment on the case last month, warned this practice must “stop immediately” or social workers here could face contempt of court proceedings. The judge also referred to the CJEU the question of whether the parents’ rights under the European Convention on Human Rights were compromised as a result of what happened here.
In his ruling on the application to prevent the adoption, he said, subject only to the issue of law which he was referring to the CJEU, he considered it appropriate an injunction preventing the adoption of the baby should be granted. However, he adjourned the outcome of the injunction application pending the response of the CJEU to the question (over the injunction) which he had referred.
