AO v LA

AO v LA

The mother failed to prove either the grave risk/intolerability or children's objections exceptions to the required standard; the children must be returned to Ireland forthwith under Article 12 of the Hague Convention.

Parties
Applicant: AO; Respondent: LA
Jurisdiction
England and Wales
Judgment Date
24 January 2023
Procedural Posture
Hague Convention Child Abduction / Judgment on Return Application
Outcome
Application granted; return order made.
Legal Topics
Child Abduction, Hague Convention, Children's Objections, Grave Risk of Harm, Protective Measures
Family Law International Law Child Abduction Hague Convention Children's Objections Grave Risk of Harm Protective Measures

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Parties

AO

Applicant

LA

Respondent

Procedural Posture

Hague Convention Child Abduction / Judgment on Return Application

Legal Issues

  1. 1 Whether the children should be returned to Ireland under the 1980 Hague Convention
  2. 2 Whether Article 13(1)(b) grave risk of harm/intolerable situation exception applies
  3. 3 Whether Article 13(2) children's objections exception applies

Ratio Decidendi

The mother failed to prove either the grave risk/intolerability or children's objections exceptions to the required standard; the children must be returned to Ireland forthwith under Article 12 of the Hague Convention.

Court Disposition

Application granted; return order made.

Orders

  • Children to be returned to Ireland by 14 February 2023
  • Father's undertakings recorded: no prosecution, maintenance of €100/week, indirect contact, written communication only