S. (P.A.) v. S. (A.F.) [2004] IESC 95 (24 November 2004)

S. (P.A.) v. S. (A.F.) [2004] IESC 95 (24 November 2004)

The High Court failed to make necessary findings of primary fact regarding the parties' relationship and intentions after May 2003 and prior to the child's removal; without such findings, it could not properly conclude that the child was habitually resident in Canada immediately prior to removal. The appeal must be allowed and the matter remitted for rehearing.

Citation
[2004] IESC 95
Parties
Applicant/respondent: P. A. S.; Respondent/appellant: A. F. S.
Jurisdiction
Ireland
Judgment Date
24 November 2004
Procedural Posture
Appeal (family Law Child Abduction) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; matter remitted to High Court for rehearing
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Custody Orders
Family Law International Law Child Abduction Habitual Residence Hague Convention Custody Orders

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Parties

P. A. S.

Applicant/respondent

A. F. S.

Respondent/appellant

Procedural Posture

Appeal (family Law Child Abduction) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the child was habitually resident in Canada immediately prior to removal under the Hague Convention
  2. 2 Whether the High Court made sufficient findings of fact to support its conclusion on habitual residence

Ratio Decidendi

The High Court failed to make necessary findings of primary fact regarding the parties' relationship and intentions after May 2003 and prior to the child's removal; without such findings, it could not properly conclude that the child was habitually resident in Canada immediately prior to removal. The appeal must be allowed and the matter remitted for rehearing.

Court Disposition

Appeal allowed; matter remitted to High Court for rehearing

Orders

  • The appeal is allowed.
  • The matter is remitted to the High Court for urgent rehearing.