B.E. v. R.E. (Child Abduction: Consent, Acquiescence, Views of the Child) Rev1) [2023] IEHC 184 (20 April 2023)

B.E. v. R.E. (Child Abduction: Consent, Acquiescence, Views of the Child) Rev1) [2023] IEHC 184 (20 April 2023)

There is insufficient evidence of real, positive, and unequivocal consent to the child's removal, no acquiescence by the Applicant, and the child's objections, though strongly expressed, do not outweigh the objectives of the Hague Convention. The child's best interests are served by a welfare hearing in the jurisdiction of habitual residence.

Citation
[2023] IEHC 184
Parties
Applicant: B. E.; Respondent: R. E.
Jurisdiction
Ireland
Judgment Date
20 April 2023
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Application granted; order for return of the child to Northern Ireland.
Legal Topics
Child Abduction, Consent, Acquiescence, Views of the Child, Hague Convention
Family Law International Law Child Abduction Consent Acquiescence Views of the Child Hague Convention

Case Brief

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Parties

B. E.

Applicant

R. E.

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the removal of the child was with the consent of the Applicant
  2. 2 Whether the Applicant acquiesced to the removal
  3. 3 Whether the views of the child justify refusal to return under Article 13 of the Hague Convention

Ratio Decidendi

There is insufficient evidence of real, positive, and unequivocal consent to the child's removal, no acquiescence by the Applicant, and the child's objections, though strongly expressed, do not outweigh the objectives of the Hague Convention. The child's best interests are served by a welfare hearing in the jurisdiction of habitual residence.

Court Disposition

Application granted; order for return of the child to Northern Ireland.

Orders

  • Immediate return of the child to Northern Ireland; Court will hear parties on manner and timing of return.