K. (A.) v. (K.) A. [2006] IEHC 277 (24 August 2006)

K. (A.) v. (K.) A. [2006] IEHC 277 (24 August 2006)

The children were wrongfully removed from England by the respondent. The applicant did not acquiesce in the removal or retention. Although proceedings were brought more than one year after removal, the respondent proved the children are settled in their new environment. The court retains discretion to order return,...

Source-derived case information.

Citation
[2006] IEHC 277
Parties
Applicant: A. K.; Respondent: A. K.
Jurisdiction
Ireland
Judgment Date
24 August 2006
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Outcome
Return of children to England ordered
Legal Topics
International Child Abduction, Hague Convention, Custody Rights, Child Settlement, Return of Children
Family Law International Law International Child Abduction Hague Convention Custody Rights Child Settlement Return of Children

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Summary, issues, holding and outcome

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Parties

A. K.

Applicant

A. K.

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the removal of the children from England to Ireland was wrongful under the Hague Convention
  2. 2 Whether the applicant acquiesced in the removal or retention of the children
  3. 3 Whether the children are settled in their new environment under Article 12(2) of the Hague Convention

Ratio Decidendi

The children were wrongfully removed from England by the respondent. The applicant did not acquiesce in the removal or retention. Although proceedings were brought more than one year after removal, the respondent proved the children are settled in their new environment. The court retains discretion to order return, and, considering the best interests of the children and the nature of the older child's objections, the court exercises its discretion to order the return of both children to England.

Court Disposition

Return of children to England ordered

Orders

  • Return of both children to England under Article 12 of the Hague Convention
  • Submissions to be heard as to the form of any necessary order