B -v- C [2015] IEHC 548 (13 August 2015)

B -v- C [2015] IEHC 548 (13 August 2015)

The removal of A from England to Ireland was wrongful under Article 3 of the Hague Convention because the applicant was actually exercising custody rights at the time of removal, broadly interpreted to include participation in court proceedings and efforts to maintain contact. The respondent failed to establish a grave risk of harm or intolerable situation under Article 13(b), and while the child objected to return, his views did not outweigh the policy of prompt return and the best interests principle. The order for return is made, with the child's return to England in the custody of his mother pending further order of the English court.

Citation
[2015] IEHC 548
Parties
Applicant: B; Respondent: C
Jurisdiction
Ireland
Judgment Date
13 August 2015
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment After Hearing
Outcome
Application granted; order for return of child to England and Wales.
Legal Topics
International Child Abduction, Hague Convention, Custody Rights, Habitual Residence, Child's Objections, Best Interests of the Child
Family Law International Law International Child Abduction Hague Convention Custody Rights Habitual Residence Child's Objections Best Interests of the Child

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Parties

B

Applicant

C

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the removal of the child A from England to Ireland was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the applicant was exercising custody rights at the time of removal
  3. 3 Whether there is a grave risk that return would expose the child to harm or intolerable situation under Article 13(b)

Ratio Decidendi

The removal of A from England to Ireland was wrongful under Article 3 of the Hague Convention because the applicant was actually exercising custody rights at the time of removal, broadly interpreted to include participation in court proceedings and efforts to maintain contact. The respondent failed to establish a grave risk of harm or intolerable situation under Article 13(b), and while the child objected to return, his views did not outweigh the policy of prompt return and the best interests principle. The order for return is made, with the child's return to England in the custody of his mother pending further order of the English court.

Court Disposition

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

Orders

  • Child A to be returned to the jurisdiction of the Courts of England and Wales in the custody of his mother pending further order of the Family Court at Taunton.
  • Applicant to undertake to apply to the Family Court at Taunton for a variation of the Wardship order to facilitate return in the mother's custody.