R -v- R [2015] IECA 265 (04 November 2015)

R -v- R [2015] IECA 265 (04 November 2015)

The removal of the children by the Mother from Germany to Ireland was wrongful under the Hague Convention. The Father did not acquiesce to the removal, as his actions and communications did not amount to clear and unequivocal acceptance. The Mother failed to establish that return would expose the children to grave risk or intolerable situation. Procedural complaints regarding the High Court's refusal to interview the children or admit oral evidence were unfounded. The appeal is dismissed and the order for return is affirmed, with timing adjusted to the end of the school term.

Citation
[2015] IECA 265
Parties
Respondent/appellant: R (Mother); Applicant/respondent: R (Father)
Jurisdiction
Ireland
Judgment Date
04 November 2015
Procedural Posture
Appeal (family Law Child Abduction) / Court of Appeal Judgment on Appeal From High Court Order for Return of Children
Outcome
Appeal dismissed; order for return of children to Germany affirmed
Legal Topics
Hague Convention on the Civil Aspects of International Child Abduction, Council Regulation (ec) No. 2201/2003, Wrongful Removal of Children, Defences to Return (acquiescence, Grave Risk/intolerable Situation), Jurisdiction of Courts in Child Abduction Cases
Family Law International Law Child Abduction Hague Convention on the Civil Aspects of International Child Abduction Council Regulation (ec) No. 2201/2003 Wrongful Removal of Children Defences to Return (acquiescence, Grave Risk/intolerable Situation) Jurisdiction of Courts in Child Abduction Cases

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Parties

R (Mother)

Respondent/appellant

R (Father)

Applicant/respondent

Procedural Posture

Appeal (family Law Child Abduction) / Court of Appeal Judgment on Appeal From High Court Order for Return of Children

Legal Issues

  1. 1 Whether the removal of the children from Germany to Ireland was wrongful under the Hague Convention
  2. 2 Whether the father acquiesced to the removal
  3. 3 Whether return would expose the children to grave risk or intolerable situation under Article 13(b)

Ratio Decidendi

The removal of the children by the Mother from Germany to Ireland was wrongful under the Hague Convention. The Father did not acquiesce to the removal, as his actions and communications did not amount to clear and unequivocal acceptance. The Mother failed to establish that return would expose the children to grave risk or intolerable situation. Procedural complaints regarding the High Court's refusal to interview the children or admit oral evidence were unfounded. The appeal is dismissed and the order for return is affirmed, with timing adjusted to the end of the school term.

Court Disposition

Appeal dismissed; order for return of children to Germany affirmed

Orders

  • Order for return of the children to Germany, to take effect at the end of the current school term (approx. 21st or 22nd December)
  • Return subject to undertakings and conditions as set out in the High Court order of 31st July 2015, including Father vacating family home and payment of €200 per week to Mother upon return