JPC v SLW & Anor

JPC v SLW & Anor

Despite the clarity and strength of S's objections, and welfare concerns, the court exercises its discretion to order return to Ireland, finding no consent or acquiescence by the mother and insufficient evidence of intolerable situation. The Irish Court is best suited to determine S's welfare, and Convention considerations strongly favour return.

Parties
Plaintiff: JPC; 1st Defendant: SLW; 2nd Defendant: SMW
Jurisdiction
England and Wales
Judgment Date
08 June 2007
Procedural Posture
Child Abduction Application / Judgment
Outcome
Order for immediate return of S to Ireland, with stay pending directions hearing in Dublin High Court.
Legal Topics
Hague Convention, Brussels II Revised, Child Custody, Consent and Acquiescence, Child's Objections, Intolerable Situation
Family Law International Child Abduction Hague Convention Brussels II Revised Child Custody Consent and Acquiescence Child's Objections Intolerable Situation

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Parties

JPC

Plaintiff

SLW

1st Defendant

SMW

2nd Defendant

Procedural Posture

Child Abduction Application / Judgment

Legal Issues

  1. 1 Whether the mother consented or acquiesced to the removal of S from Ireland
  2. 2 Whether S's objections to return justify refusal of return under Article 13 of the Hague Convention
  3. 3 Whether return would place S in an intolerable situation under Article 13(b)

Ratio Decidendi

Despite the clarity and strength of S's objections, and welfare concerns, the court exercises its discretion to order return to Ireland, finding no consent or acquiescence by the mother and insufficient evidence of intolerable situation. The Irish Court is best suited to determine S's welfare, and Convention considerations strongly favour return.

Court Disposition

Order for immediate return of S to Ireland, with stay pending directions hearing in Dublin High Court.

Orders

  • Immediate return of S to Ireland
  • Stay on enforcement until first Directions Hearing in Dublin High Court