A.J. -v- L.J. [2014] IEHC 92 (26 February 2014)

A.J. -v- L.J. [2014] IEHC 92 (26 February 2014)

Sue was not habitually resident in State A in October 2012 as she had never resided there except for short holiday periods and had always lived with her parents in States B, C, and D.

Citation
[2014] IEHC 92
Parties
Applicant: A. J.; Respondent: L. J.
Jurisdiction
Ireland
Judgment Date
26 February 2014
Procedural Posture
Child Abduction Under Hague Convention / Determination of Preliminary Issue (habitual Residence)
Outcome
Preliminary issue determined: child not habitually resident in State A in October 2012.
Legal Topics
Child Abduction, Habitual Residence, Hague Convention
Family Law International Law Child Abduction Habitual Residence Hague Convention

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Parties

A. J.

Applicant

L. J.

Respondent

Procedural Posture

Child Abduction Under Hague Convention / Determination of Preliminary Issue (habitual Residence)

Legal Issues

  1. 1 Was the child habitually resident in State A immediately prior to alleged wrongful removal in October 2012?

Ratio Decidendi

Sue was not habitually resident in State A in October 2012 as she had never resided there except for short holiday periods and had always lived with her parents in States B, C, and D.

Court Disposition

Preliminary issue determined: child not habitually resident in State A in October 2012.

Orders

  • Summons listed for further directions; no order for return under Hague Convention at this stage.