Recognition and Enforcement of Foreign Family Law Orders

Family law disputes increasingly involve more than one country. A court order may have been made abroad, but one of the parties, their children or their assets may now be in Ireland.

In those circumstances, questions can arise about whether the foreign order is recognised in Ireland and, where necessary, whether it can be enforced through the Irish courts.

O’Connor & Bergin Solicitors advises on the recognition and enforcement in Ireland of foreign family law orders and on cases where Irish orders have an international dimension.

Will a Foreign Family Law Order Be Recognised in Ireland?

An order made by a court in another country does not necessarily operate in Ireland in exactly the same way as an order of an Irish court.

The position will depend on matters including the country in which the order was made, the nature of the order and the legal framework applicable to it.

Different rules and procedures may apply depending on whether the case concerns children, maintenance, divorce or separation, financial matters or another family law issue.

We can advise on the status and effect in Ireland of an order made by a foreign court and on whether any further steps are required.

Enforcing a Foreign Order in Ireland

Recognition and enforcement are related but distinct questions.

A person may have obtained an order abroad but require assistance in Ireland because the other party, relevant property or other assets are located here.

Depending on the type of order and the countries involved, particular procedures may be available for having the order recognised or enforced in Ireland.

Where enforcement is required, we can advise on the appropriate Irish procedure and liaise with lawyers in the country where the original order was made where necessary.

Orders Concerning Children

International family law cases frequently involve orders concerning children.

A family may move from one country to another after an order has been made, or parents may live in different jurisdictions. Questions can then arise concerning the effect in Ireland of existing arrangements or court orders dealing with matters such as custody, access or parental responsibility.

These cases can involve both Irish law and international or European legal arrangements. The appropriate approach will depend upon the particular order and circumstances involved.

Maintenance and Financial Orders

Cross-border issues can also arise where an order requires one person to make maintenance or other financial payments and the parties subsequently live in different countries.

There are international and European arrangements dealing with aspects of cross-border maintenance, but the procedure available in a particular case will depend upon the circumstances and the countries involved.

We can advise where a maintenance or financial order made abroad has an Irish connection, or where questions arise about an Irish order involving a person or assets abroad.

What Documents Will I Need?

When seeking advice about a foreign family law order, it is useful to have a complete copy of the order and, where available, the documents relating to the proceedings in which it was made.

Depending on the country and the nature of the case, certified copies, translations or additional court documentation may be required.

We can advise on the documentation needed once we have considered the particular order and the jurisdiction in which it was made.

Orders from the UK, EU and Other Countries

The rules applicable to a foreign family law order can differ depending on the country from which it originates.

Cases involving EU Member States may be governed by particular European legal arrangements, while different considerations can arise in cases involving the United Kingdom or countries outside the European Union.

For this reason, the country involved — and sometimes the date of the proceedings or order — can be important in determining the appropriate procedure.

International Family Law Experience

O’Connor & Bergin Solicitors has a long-established family law practice and advises clients on complex and international family law matters.

If you have a divorce, maintenance, custody, access, financial or other family law order from another country and need advice about its status or enforcement in Ireland, contact O’Connor & Bergin Solicitors.

We can review the foreign order, advise on its position in Ireland and identify what further steps, if any, may be required.