G. -v- K. [2013] IEHC 650 (26 July 2013)

G. -v- K. [2013] IEHC 650 (26 July 2013)

The High Court allowed the appeal and ordered the return of the child to Germany, finding that while the child's preference was to remain in Ireland, the decisive factor was the need for ongoing medical treatment for ADD, which was best facilitated in Germany. The court held that the best interests of the child required relocation to Germany, and that the consent order permitting removal should be reinstated. The extension of time to appeal was granted in the interests of justice and the child, despite the conditionality of the mother's intention to appeal.

Citation
[2013] IEHC 650
Parties
Applicant/respondent Father: J. G.; Respondent/appellant Mother: V. K.
Jurisdiction
Ireland
Judgment Date
26 July 2013
Procedural Posture
Family Law Appeal / High Court Appeal From Circuit Court Order
Outcome
Appeal allowed; child to be returned to Germany.
Legal Topics
Guardianship of Infants, Relocation of Child, Jurisdiction Under Brussels II Bis, Best Interests of the Child, Extension of Time to Appeal
Family Law Child Custody International Law Guardianship of Infants Relocation of Child Jurisdiction Under Brussels II Bis Best Interests of the Child Extension of Time to Appeal

Case Brief

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Parties

J. G.

Applicant/respondent Father

V. K.

Respondent/appellant Mother

Procedural Posture

Family Law Appeal / High Court Appeal From Circuit Court Order

Legal Issues

  1. 1 Whether the High Court should allow an extension of time to appeal the Circuit Court's refusal to transfer proceedings to Germany under Article 15 of Brussels II bis.
  2. 2 Whether the best interests of the child require relocation to Germany or remaining in Ireland.
  3. 3 Whether the consent order permitting removal of the child to Germany should be given effect.

Ratio Decidendi

The High Court allowed the appeal and ordered the return of the child to Germany, finding that while the child's preference was to remain in Ireland, the decisive factor was the need for ongoing medical treatment for ADD, which was best facilitated in Germany. The court held that the best interests of the child required relocation to Germany, and that the consent order permitting removal should be reinstated. The extension of time to appeal was granted in the interests of justice and the child, despite the conditionality of the mother's intention to appeal.

Court Disposition

Appeal allowed; child to be returned to Germany.

Orders

  • Return of the child D to Germany with the mother before the start of the German school term.
  • Mother to make travel arrangements and accompany D to Germany.