A.K. v U.S. (Approved) (Rev1) [2021] IEHC 845 (14 December 2021)

A.K. v U.S. (Approved) (Rev1) [2021] IEHC 845 (14 December 2021)

The Court found that the habitual residence of the two older children remained in England as of 12 August 2021, but the youngest child's habitual residence had changed to Ireland due to her age, integration, and the settled intention of her primary carer. However, given the length of time all three children had lived in Ireland, their integration, and the need to avoid separating siblings, the Court refused to order the return of any of the children to England.

Citation
[2021] IEHC 845
Parties
Applicant: A. K.; Respondent: U. S.
Jurisdiction
Ireland
Judgment Date
14 December 2021
Procedural Posture
Child Abduction Under Hague Convention / High Court Judgment
Outcome
Application for return of the three children refused.
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Custody Orders
Family Law International Law Child Abduction Habitual Residence Hague Convention Custody Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

A. K.

Applicant

U. S.

Respondent

Procedural Posture

Child Abduction Under Hague Convention / High Court Judgment

Legal Issues

  1. 1 Whether the habitual residence of the three children was in England or Ireland as of 12 August 2021
  2. 2 Whether a return order under the Hague Convention should be made for the children

Ratio Decidendi

The Court found that the habitual residence of the two older children remained in England as of 12 August 2021, but the youngest child's habitual residence had changed to Ireland due to her age, integration, and the settled intention of her primary carer. However, given the length of time all three children had lived in Ireland, their integration, and the need to avoid separating siblings, the Court refused to order the return of any of the children to England.

Court Disposition

Application for return of the three children refused.

Orders

  • No return order made under the Hague Convention for any of the three children.
  • Children to remain in Ireland with the respondent.