S (A.) v. H (E.) [1997] IEHC 229 (20th November, 1997)

S (A.) v. H (E.) [1997] IEHC 229 (20th November, 1997)

The child’s habitual residence remained in England at all material times; the Irish Adoption Act, 1952, Section 40(2) does not prevent return under the Hague Convention; evidence does not establish grave risk of serious psychological harm under Article 13; return order is appropriate subject to undertakings.

Citation
[1997] IEHC 229
Parties
Plaintiff: AS; First Defendant: EH; Second Defendant: MH
Jurisdiction
Ireland
Procedural Posture
Child Abduction / Custody / Final Judgment on Hague Convention Claim
Outcome
Order for return of child to England under Hague Convention, subject to undertakings.
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Psychological Harm, Custody Rights
Family Law International Law Child Abduction Habitual Residence Hague Convention Psychological Harm Custody Rights

Case Brief

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Parties

AS

Plaintiff

EH

First Defendant

MH

Second Defendant

Procedural Posture

Child Abduction / Custody / Final Judgment on Hague Convention Claim

Legal Issues

  1. 1 Whether the child’s habitual residence was lost upon removal to Ireland
  2. 2 Whether the Irish Adoption Act, 1952, Section 40(2) prevents return under the Hague Convention
  3. 3 Whether grave psychological harm would be caused by return under Article 13 of the Hague Convention

Ratio Decidendi

The child’s habitual residence remained in England at all material times; the Irish Adoption Act, 1952, Section 40(2) does not prevent return under the Hague Convention; evidence does not establish grave risk of serious psychological harm under Article 13; return order is appropriate subject to undertakings.

Court Disposition

Order for return of child to England under Hague Convention, subject to undertakings.

Orders

  • Return of E to England for custody proceedings.
  • Court to consider and approve suitable undertakings regarding child’s welfare upon return.