PQ v RS & Anor

PQ v RS & Anor

PQ had rights of custody under Irish law due to sufficient cohabitation; removal of A and B was wrongful under Hague Convention. Article 13(b) grave risk exception was not established, as protective measures and undertakings were adequate. M's relocation application for C was granted to avoid sibling separation and maintain primary care, while TU's applications were refused due to concerns about his capacity for sole care and the welfare of C.

Parties
Applicant: PQ; 1st Respondent: RS; 2nd Respondent: TU
Jurisdiction
England and Wales
Judgment Date
23 February 2021
Procedural Posture
Family / Final Judgment
Outcome
Return order for A and B to Ireland; relocation order for C granted; TU's residence and PSO applications refused; TU's contact application stayed for 6 months.
Legal Topics
Hague Convention, Children Act 1989, Relocation, Custody, Sibling Separation
Family Law Child Abduction International Law Hague Convention Children Act 1989 Relocation Custody Sibling Separation

Case Brief

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Parties

PQ

Applicant

RS

1st Respondent

TU

2nd Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the removal of A and B from Ireland was wrongful under the Hague Convention
  2. 2 Whether the applicant had rights of custody under Irish law
  3. 3 Whether Article 13(b) grave risk exception applies

Ratio Decidendi

PQ had rights of custody under Irish law due to sufficient cohabitation; removal of A and B was wrongful under Hague Convention. Article 13(b) grave risk exception was not established, as protective measures and undertakings were adequate. M's relocation application for C was granted to avoid sibling separation and maintain primary care, while TU's applications were refused due to concerns about his capacity for sole care and the welfare of C.

Court Disposition

Return order for A and B to Ireland; relocation order for C granted; TU's residence and PSO applications refused; TU's contact application stayed for 6 months.

Orders

  • A and B to be returned to Ireland with M upon undertakings by PQ.
  • M granted permission to relocate with C to Ireland.