A.S. -v- S.S. [2016] IEHC 457 (29 July 2016)

A.S. -v- S.S. [2016] IEHC 457 (29 July 2016)

The Court found the respondent's evidence and her brother's testimony credible, and determined that the applicant's conduct, including the deed and email, amounted to clear and unequivocal consent for the removal of the children to Ireland. Therefore, the removal was not wrongful under Article 3 of the Hague Convention and the order for return was refused.

Citation
[2016] IEHC 457
Parties
Applicant: A. S.; Respondent: S. S.
Jurisdiction
Ireland
Judgment Date
29 July 2016
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Outcome
Order for return of children to Germany refused
Legal Topics
Child Abduction, Consent Under Hague Convention, Habitual Residence, Custody Rights
Family Law International Law Child Abduction Consent Under Hague Convention Habitual Residence Custody Rights

Case Brief

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Parties

A. S.

Applicant

S. S.

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the removal of the children from Germany was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the applicant consented to the removal of the children to Ireland

Ratio Decidendi

The Court found the respondent's evidence and her brother's testimony credible, and determined that the applicant's conduct, including the deed and email, amounted to clear and unequivocal consent for the removal of the children to Ireland. Therefore, the removal was not wrongful under Article 3 of the Hague Convention and the order for return was refused.

Court Disposition

Order for return of children to Germany refused

Orders

  • No order as to costs