Facts
- An Irish man and an English woman cohabited in Ireland and had 3 children
- The woman moved back to England, taking their children with her
Issue
- Could the man obtain a custody order for the children?
Decision
- Up to the Member State (England)
Reasoning
- Article 7 of the Charter of Fundamental Rights of the European Union does not prevent such an order being granted (repsect for private and family life)
- Article 7 of the Charter of Fundamental Rights of the European Union is to be interpreted in accordance with Article 8 of the European Convention on Human Rights, which also did not prevent the father obtaining a custody order
