JPC v SLW & Anor [2007] EWHC 1349 (Fam) (08 June 2007)

JPC v SLW & Anor [2007] EWHC 1349 (Fam) (08 June 2007)

The removal of S was wrongful under the Hague Convention. The mother's remarks did not amount to consent or acquiescence. S's objections are genuine and she is of sufficient maturity, but the case is not exceptional enough to refuse return. The Irish courts are best placed to determine S's welfare. No sufficient evidence of intolerable situation was presented. Return is ordered, with a stay pending directions hearing in Ireland.

Citation
[2007] EWHC 1349 (Fam)
Parties
Plaintiff: JPC; 1st Defendant: SLW; 2nd Defendant: SMW
Jurisdiction
England and Wales
Judgment Date
08 June 2007
Procedural Posture
Child Abduction Application Under Hague Convention and Brussels II Revised / Judgment After Contested Hearing
Outcome
Order for immediate return of S to Ireland, with enforcement stayed until first directions hearing in Dublin High Court.
Legal Topics
Child Abduction, Hague Convention, Brussels II Revised, Custody, Child Objections, Consent and Acquiescence, Intolerable Situation
Family Law International Law Child Abduction Hague Convention Brussels II Revised Custody Child Objections Consent and Acquiescence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

JPC

Plaintiff

SLW

1st Defendant

SMW

2nd Defendant

Procedural Posture

Child Abduction Application Under Hague Convention and Brussels II Revised / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the removal of S from Ireland was wrongful under the Hague Convention
  2. 2 Whether the mother consented to or acquiesced in the removal
  3. 3 Whether S's objections justify refusal of return under Article 13

Ratio Decidendi

The removal of S was wrongful under the Hague Convention. The mother's remarks did not amount to consent or acquiescence. S's objections are genuine and she is of sufficient maturity, but the case is not exceptional enough to refuse return. The Irish courts are best placed to determine S's welfare. No sufficient evidence of intolerable situation was presented. Return is ordered, with a stay pending directions hearing in Ireland.

Court Disposition

Order for immediate return of S to Ireland, with enforcement stayed until first directions hearing in Dublin High Court.

Orders

  • S to be returned to Ireland under the Hague Convention and Brussels II Revised.
  • Enforcement of return order stayed until first directions hearing in Dublin High Court.