COURT OF CRIMINAL APPEAL

COURT OF CRIMINAL APPEAL

The habitual residence of the children remained Sweden; no grave risk or intolerable situation was established that could not be addressed by Swedish authorities; the children's objections, though considered, did not warrant refusal of return under the Convention's principles.

Citation
[2024] IECA 164
Parties
Applicant/respondent: JK; Respondent/appellant: LE
Jurisdiction
Ireland
Procedural Posture
Appeal Under Child Abduction and Enforcement of Custody Orders Acts 1991 / Hague Convention / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order for return of children to Sweden affirmed.
Legal Topics
Habitual Residence, Grave Risk Exception, Child's Wishes, Hague Convention, Council Regulation (eu) 2019/1111
Family Law International Child Abduction EU Law Habitual Residence Grave Risk Exception Child's Wishes Hague Convention Council Regulation (eu) 2019/1111

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Parties

JK

Applicant/respondent

LE

Respondent/appellant

Procedural Posture

Appeal Under Child Abduction and Enforcement of Custody Orders Acts 1991 / Hague Convention / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the habitual residence of the children changed from Sweden to Ireland
  2. 2 Whether return to Sweden exposes the children to grave risk or intolerable situation
  3. 3 Whether the wishes and objections of the children should prevent their return

Ratio Decidendi

The habitual residence of the children remained Sweden; no grave risk or intolerable situation was established that could not be addressed by Swedish authorities; the children's objections, though considered, did not warrant refusal of return under the Convention's principles.

Court Disposition

Appeal dismissed; High Court order for return of children to Sweden affirmed.

Orders

  • Rachel and Isobel to be returned to Sweden in accordance with High Court order.
  • No order for separate representation of children.