T v T & Ors

T v T & Ors

The court found the maternal grandparents had inchoate rights of custody at the time of removal, the children were habitually resident in Ireland, and none of the Article 13 exceptions (consent, grave risk, child's objections) were made out. The retention in England was wrongful and the court was obliged to order the children's immediate return to Ireland under Article 12 of the Hague Convention.

Parties
Applicants: NT and RT; First and Second Respondents: HT and MT; Third Respondent: AT; Fourth, Fifth and Sixth Respondents: KT, LT and CT
Jurisdiction
England and Wales
Judgment Date
26 November 2021
Procedural Posture
Child Abduction Summary Return Application Under the Hague Convention / Final Judgment
Outcome
Application for summary return granted
Legal Topics
Hague Convention 1980, Child Custody, Habitual Residence, Inchoate Rights of Custody, Summary Return, Consent Exception, Grave Risk Exception, Child's Objections
Family Law International Child Abduction Hague Convention 1980 Child Custody Habitual Residence Inchoate Rights of Custody Summary Return Consent Exception +2 more

Case Brief

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Parties

NT and RT

Applicants

HT and MT

First and Second Respondents

AT

Third Respondent

KT, LT and CT

Fourth, Fifth and Sixth Respondents

Procedural Posture

Child Abduction Summary Return Application Under the Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the maternal grandparents had inchoate rights of custody under Irish law at the time of removal
  2. 2 Whether the children were habitually resident in Ireland immediately prior to retention in England
  3. 3 Whether any exceptions under Article 13 of the Hague Convention (consent, grave risk, child's objections) applied to prevent summary return

Ratio Decidendi

The court found the maternal grandparents had inchoate rights of custody at the time of removal, the children were habitually resident in Ireland, and none of the Article 13 exceptions (consent, grave risk, child's objections) were made out. The retention in England was wrongful and the court was obliged to order the children's immediate return to Ireland under Article 12 of the Hague Convention.

Court Disposition

Application for summary return granted

Orders

  • Immediate return of the children (KT, LT, CT) to the jurisdiction of the Republic of Ireland under Article 12 of the 1980 Hague Convention