D.E.-v- E.B. [2015] IECA 104 (20 May 2015)

D.E.-v- E.B. [2015] IECA 104 (20 May 2015)

The court held that N's habitual residence remained in France up to and including 20th July 2014, as the father did not consent to a change of residence, and the circumstances did not demonstrate sufficient integration in Ireland to alter habitual residence. The appeal was dismissed and the High Court's order for return to France was upheld.

Citation
[2015] IECA 104
Parties
Applicant/respondent: D. E.; Respondent/appellant: E. B.
Jurisdiction
Ireland
Judgment Date
20 May 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Habitual Residence, Wrongful Retention, Hague Convention, Council Regulation (ec) No. 2201/2003
Family Law International Law Child Abduction Habitual Residence Wrongful Retention Hague Convention Council Regulation (ec) No. 2201/2003

Case Brief

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Parties

D. E.

Applicant/respondent

E. B.

Respondent/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether N was habitually resident in France immediately prior to 20th July 2014
  2. 2 Whether the retention of N in Ireland was wrongful under Article 3 of the Hague Convention and Article 2 of Council Regulation (EC) No. 2201/2003

Ratio Decidendi

The court held that N's habitual residence remained in France up to and including 20th July 2014, as the father did not consent to a change of residence, and the circumstances did not demonstrate sufficient integration in Ireland to alter habitual residence. The appeal was dismissed and the High Court's order for return to France was upheld.

Court Disposition

Appeal dismissed

Orders

  • Order for return of N to France upheld
  • Stay on return order to expire on 4th June 2015