Beatty v. Schatz

Beatty v. Schatz

The child was wrongfully retained contrary to the father's undertaking; the father failed to prove a grave risk of physical or psychological harm; the child's views were entitled to weight but did not outweigh Hague Convention considerations given the father's conduct (submission of responsibility to the child, failure to pursue Irish custody proceedings, and subtle influence), therefore return to Ireland was ordered to allow the Irish court to decide custody.

Citation
2009 BCSC 706
Parties
Petitioner (mother): Deirdre Mary Beatty; Respondent (father): Ernst Alexander Schatz
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 May 2009
Procedural Posture
Hague Convention Return Application / Application for Return Heard in Chambers; Oral Reasons and Order Issued
Outcome
Return to Ireland ordered
Legal Topics
Hague Convention Article 13 Objection, Grave Risk Exception, Views of the Child Report, Custody Jurisdiction, Undertaking to Foreign Court, Residual Judicial Discretion
Source Language
English
Family Law International Child Abduction Child Welfare Child Rights Hague Convention Article 13 Objection Grave Risk Exception Views of the Child Report Custody Jurisdiction +2 more

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Parties

Deirdre Mary Beatty

Petitioner (mother)

Ernst Alexander Schatz

Respondent (father)

Procedural Posture

Hague Convention Return Application / Application for Return Heard in Chambers; Oral Reasons and Order Issued

Legal Issues

  1. 1 Whether return would expose the child to grave risk of physical or psychological harm or place him in an intolerable situation
  2. 2 Whether the child objects to being returned and has attained an age and degree of maturity to have his views considered
  3. 3 If exceptions apply, how the court should exercise its residual discretion under Article 13

Ratio Decidendi

The child was wrongfully retained contrary to the father's undertaking; the father failed to prove a grave risk of physical or psychological harm; the child's views were entitled to weight but did not outweigh Hague Convention considerations given the father's conduct (submission of responsibility to the child, failure to pursue Irish custody proceedings, and subtle influence), therefore return to Ireland was ordered to allow the Irish court to decide custody.

Court Disposition

Return to Ireland ordered

Orders

  • Child to be returned to Ireland by noon Friday May 22, 2009
  • If the child is not returned, respondent to turn the child over to the care of the mother by 3:00 p.m. Friday May 22, 2009