S.O v A.B (Unapproved) [2024] IECA 110 (03 May 2024)
The children were habitually resident in Germany at the time of removal; the mother failed to discharge the evidential burden to establish grave risk or intolerable situation under Article 13(b); allegations of bias and procedural unfairness were unsubstantiated; summary return is warranted, subject to protective undertakings by the father.
- Citation
- [2024] IECA 110
- Parties
- Respondent: S. O.; Appellant: A. B.
- Jurisdiction
- Ireland
- Judgment Date
- 03 May 2024
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed; High Court order affirmed.
- Legal Topics
- Hague Convention, Habitual Residence, Grave Risk Defence, Custody, Summary Return, Objective Bias
Case Brief
Summary, issues, holding and outcome
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Parties
S. O.
Respondent
A. B.
Appellant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the children were habitually resident in Germany at the time of removal
- 2 Whether the defence of grave risk under Article 13(b) of the Hague Convention was established
- 3 Whether the trial judge was impartial
Ratio Decidendi
The children were habitually resident in Germany at the time of removal; the mother failed to discharge the evidential burden to establish grave risk or intolerable situation under Article 13(b); allegations of bias and procedural unfairness were unsubstantiated; summary return is warranted, subject to protective undertakings by the father.
Court Disposition
Appeal dismissed; High Court order affirmed.
Orders
- Summary return of the two minor children to Germany forthwith
- Protective undertakings to be provided by the father to facilitate return
Full Case Text
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