T. -v- O. [2007] IESC 55 (22 November 2007)

T. -v- O. [2007] IESC 55 (22 November 2007)

The Supreme Court held that the retention of the children in the United Kingdom by the appellant on 9 March 2007 was wrongful within the meaning of Article 3 of the Hague Convention, as the children remained habitually resident in Ireland at that date and rights of custody had been attributed to the District Court by virtue of pending applications. The appellant had not abandoned habitual residence in Ireland by that date, and the respondent's conduct did not amount to inactivity sufficient to negate the attribution of custody rights to the court.

Citation
[2007] IESC 55
Parties
Appellant/respondent: T; Respondent/appellant: O; Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
22 November 2007
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed with substitution of a single declaration.
Legal Topics
Child Abduction, Custody, Hague Convention, Habitual Residence, Guardianship, Wrongful Retention
Family Law International Law Child Abduction Custody Hague Convention Habitual Residence Guardianship Wrongful Retention

Case Brief

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Parties

T

Appellant/respondent

O

Respondent/appellant

Attorney General

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the retention of the children in the United Kingdom constituted wrongful retention within the meaning of Article 3 of the Hague Convention
  2. 2 Whether the habitual residence of the children was in Ireland on the relevant date
  3. 3 Whether rights of custody were attributed to the District Court under Irish law at the relevant time

Ratio Decidendi

The Supreme Court held that the retention of the children in the United Kingdom by the appellant on 9 March 2007 was wrongful within the meaning of Article 3 of the Hague Convention, as the children remained habitually resident in Ireland at that date and rights of custody had been attributed to the District Court by virtue of pending applications. The appellant had not abandoned habitual residence in Ireland by that date, and the respondent's conduct did not amount to inactivity sufficient to negate the attribution of custody rights to the court.

Court Disposition

Appeal dismissed; High Court order affirmed with substitution of a single declaration.

Orders

  • Declaration that the retention by the respondent of the infants outside the jurisdiction is wrongful within the meaning of Article 3 of the Hague Convention as it constitutes a breach of the rights of custody attributed to the District Court as of 9 March 2007.