B.F. -v- S.C. [2016] IEHC 404 (13 July 2016)

B.F. -v- S.C. [2016] IEHC 404 (13 July 2016)

The removal of the children was wrongful under Article 3 of the Hague Convention as the applicant father had rights of custody and did not consent. The children objected to return and are of sufficient age and maturity for their views to be considered, but the court, exercising its discretion, determined that the policy of the Convention, the need to deter abduction, and the jurisdiction of the English courts outweigh the objections. The undertakings by the applicant ensure the children's welfare pending proceedings in England and Wales. The return of the children is ordered.

Citation
[2016] IEHC 404
Parties
Applicant: B. F.; Respondent: S. C.
Jurisdiction
Ireland
Judgment Date
13 July 2016
Procedural Posture
Child Abduction Application Under Hague Convention / Judgment on Application for Return of Children
Outcome
Application granted; return of children ordered
Legal Topics
Child Abduction, Hague Convention, Custody Rights, Children's Objections, Jurisdiction, Return of Children
Family Law International Law Child Abduction Hague Convention Custody Rights Children's Objections Jurisdiction Return of Children

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Parties

B. F.

Applicant

S. C.

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Judgment on Application for Return of Children

Legal Issues

  1. 1 Whether the removal of the children from England and Wales to Ireland was wrongful under the Hague Convention
  2. 2 Whether the objections of the children to return are sufficient to refuse return under Article 13 of the Hague Convention
  3. 3 Whether the Irish court should exercise its discretion to refuse return based on the children's objections and best interests

Ratio Decidendi

The removal of the children was wrongful under Article 3 of the Hague Convention as the applicant father had rights of custody and did not consent. The children objected to return and are of sufficient age and maturity for their views to be considered, but the court, exercising its discretion, determined that the policy of the Convention, the need to deter abduction, and the jurisdiction of the English courts outweigh the objections. The undertakings by the applicant ensure the children's welfare pending proceedings in England and Wales. The return of the children is ordered.

Court Disposition

Application granted; return of children ordered

Orders

  • The children are to be returned to the jurisdiction of England and Wales forthwith.
  • The applicant father is to pay £2,000 for the purpose of the return of the children.