C (Children)
The open-ended adjournment and investigation by UK authorities conflicted with the Convention's requirement for prompt return and primary responsibility of Irish agencies; appeal allowed and remitted for final hearing.
- Parties
- Appellant: Appellant mother; Respondent: Respondent father
- Jurisdiction
- England and Wales
- Judgment Date
- 17 December 2010
- Procedural Posture
- Family / Application for Permission to Appeal and Appeal
- Outcome
- appeal allowed
- Legal Topics
- Wrongful Removal, Summary Return Order, Article 13(b) Hague Convention, Brussels II Revised Article 11.4, Child Protection Agencies
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant mother
Appellant
Respondent father
Respondent
Procedural Posture
Family / Application for Permission to Appeal and Appeal
Legal Issues
- 1 Whether the adjournment and investigation by UK authorities conflicted with Convention obligations
- 2 Whether the Article 13(b) defence was properly substantiated
- 3 Responsibility for child protection investigation
Ratio Decidendi
The open-ended adjournment and investigation by UK authorities conflicted with the Convention's requirement for prompt return and primary responsibility of Irish agencies; appeal allowed and remitted for final hearing.
Court Disposition
appeal allowed
Orders
- permission to appeal granted
- permission to admit fresh evidence
Full Case Text
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