FK v ML (Child's Objections)

FK v ML (Child's Objections)

Although A's objections to return are established, the court finds they are significantly influenced by his mother and half-brother and not sufficiently authentic or compelling to outweigh the policy of the Hague Convention and the child's welfare. Adequate protective arrangements exist in Ireland, and the Irish courts are the proper forum for welfare decisions. Therefore, the court exercises its discretion to order A's return to Ireland.

Parties
Applicant: FK; First Respondent: ML; Second Respondent (a Minor Through His Solicitor Guardian): A
Jurisdiction
England and Wales
Judgment Date
11 March 2016
Procedural Posture
Child Abduction and Custody (hague Convention) / Judgment on Application for Return of Child Under Hague Convention
Outcome
Application granted; order for return of child to Ireland.
Legal Topics
Hague Convention 1980, Child's Objections, Article 13(b) Exception, Habitual Residence, Jurisdiction Under BIIR, Child Welfare, Return Orders
Family Law International Child Abduction Hague Convention 1980 Child's Objections Article 13(b) Exception Habitual Residence Jurisdiction Under BIIR Child Welfare +1 more

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Parties

FK

Applicant

ML

First Respondent

A

Second Respondent (a Minor Through His Solicitor Guardian)

Procedural Posture

Child Abduction and Custody (hague Convention) / Judgment on Application for Return of Child Under Hague Convention

Legal Issues

  1. 1 Whether the child A should be returned to Ireland under the Hague Convention 1980 despite his objections
  2. 2 Whether Article 13(b) exception (grave risk of harm or intolerable situation) is established
  3. 3 How the court should exercise its discretion when a child's objections are established

Ratio Decidendi

Although A's objections to return are established, the court finds they are significantly influenced by his mother and half-brother and not sufficiently authentic or compelling to outweigh the policy of the Hague Convention and the child's welfare. Adequate protective arrangements exist in Ireland, and the Irish courts are the proper forum for welfare decisions. Therefore, the court exercises its discretion to order A's return to Ireland.

Court Disposition

Application granted; order for return of child to Ireland.

Orders

  • A to be returned to Ireland in accordance with the Hague Convention.
  • Father to provide undertakings to ensure A stays with grandparents until Irish court is seised and to cooperate with Irish social services.