A v B (Approved) [2024] IEHC 25 (18 January 2024)

A v B (Approved) [2024] IEHC 25 (18 January 2024)

The court finds that B has not established the grave risk or intolerable situation defence under Article 13(b); the child objects to return and is of sufficient age and maturity, but the objection is mild and heavily influenced by B. The court accords low weight to the child's views and, considering the totality of evidence and Convention policy favouring prompt return, exercises discretion to order the child's return to England and Wales.

Citation
[2024] IEHC 25
Parties
Applicant: A; Respondent: B
Jurisdiction
Ireland
Judgment Date
18 January 2024
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment
Outcome
Application granted; order for return of the child to England and Wales
Legal Topics
International Child Abduction, Hague Convention, Custody, Views of the Child, Grave Risk Exception
Family Law International Law International Child Abduction Hague Convention Custody Views of the Child Grave Risk Exception

Case Brief

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Parties

A

Applicant

B

Respondent

Procedural Posture

Child Abduction Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the removal and retention of the child was wrongful under the Hague Convention
  2. 2 Whether the Article 13 grave risk and intolerable situation defence is established
  3. 3 Whether the child's objection and maturity justify refusal of return under Article 13

Ratio Decidendi

The court finds that B has not established the grave risk or intolerable situation defence under Article 13(b); the child objects to return and is of sufficient age and maturity, but the objection is mild and heavily influenced by B. The court accords low weight to the child's views and, considering the totality of evidence and Convention policy favouring prompt return, exercises discretion to order the child's return to England and Wales.

Court Disposition

Application granted; order for return of the child to England and Wales

Orders

  • The child X shall be returned to the jurisdiction of England and Wales.
  • Arrangements for return to be coordinated between parties.