A.K -v- A.J [2012] IEHC 234 (08 June 2012)

A.K -v- A.J [2012] IEHC 234 (08 June 2012)

The boys remained habitually resident in Poland at the time of removal in December 2010; the removal was wrongful under Article 3 of the Hague Convention as it breached the mother's custody rights. However, as the boys object to return and are of sufficient maturity, and due to the lapse of time and their integration in Ireland, the Court exercised its discretion under Article 13 to refuse return. The Polish courts retain jurisdiction over custody matters.

Citation
[2012] IEHC 234
Parties
Applicant: A. K.; Respondent: A. J.
Jurisdiction
Ireland
Judgment Date
08 June 2012
Procedural Posture
Child Abduction Application Under Hague Convention and EC Regulation 2201/2003 / Final Judgment
Outcome
Application for return of the boys to Poland refused under Article 13 Hague Convention.
Legal Topics
Habitual Residence, Wrongful Removal, Custody Rights, Child's Objection, Jurisdiction, Article 13 Hague Convention, Article 11 EC Regulation 2201/2003
Family Law International Child Abduction Habitual Residence Wrongful Removal Custody Rights Child's Objection Jurisdiction Article 13 Hague Convention +1 more

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Parties

A. K.

Applicant

A. J.

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention and EC Regulation 2201/2003 / Final Judgment

Legal Issues

  1. 1 Whether the boys were habitually resident in Poland at the time of removal
  2. 2 Whether the removal was wrongful under Article 3 of the Hague Convention
  3. 3 Whether the boys object to return and are of sufficient maturity under Article 13

Ratio Decidendi

The boys remained habitually resident in Poland at the time of removal in December 2010; the removal was wrongful under Article 3 of the Hague Convention as it breached the mother's custody rights. However, as the boys object to return and are of sufficient maturity, and due to the lapse of time and their integration in Ireland, the Court exercised its discretion under Article 13 to refuse return. The Polish courts retain jurisdiction over custody matters.

Court Disposition

Application for return of the boys to Poland refused under Article 13 Hague Convention.

Orders

  • Order refusing mother's application for return under Article 13 Hague Convention.
  • Order pursuant to Article 11(6) EC Regulation 2201/2003 to transmit judgment, order, transcript, psychologist report, pleadings, affidavits, and exhibits to Central Authority for Poland and K. District Court.