Reference for a preliminary ruling from Supreme Court (Ireland) made on 7 August 2014 – C v M

(Case C-376/14)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicant: C

Defendant: M

Questions referred

Does the existence of the French proceedings relating to the custody of the child preclude, in the circumstances of this case, the establishment of habitual residence of the child in Ireland?

Does either the father or the French courts continue to maintain custody rights in relation to the child so as to render wrongful the retention of the child in Ireland?

Are the Irish courts entitled to consider the question of habitual residence of the child in the circumstances where she has resided in Ireland since July, 2012 at which time her removal to Ireland was not in breach of French law?