A. -v- A. (aka Mc C.) [2009] IEHC 460 (21 October 2009)

A. -v- A. (aka Mc C.) [2009] IEHC 460 (21 October 2009)

The mother failed to establish clear and compelling evidence of grave risk under Article 13(b). While the objections of the two elder children to return were made out and the children were of sufficient age and maturity for their views to be considered, the court determined that the policy of the Convention and Regulation, including the need to deter abduction and respect judicial processes, outweighed the children's objections. Therefore, the court exercised its discretion to order the return of the children, with a stay to allow the mother to pursue proceedings in England.

Citation
[2009] IEHC 460
Parties
Applicant: C. A.; Respondent: C. A. (otherwise C. Mc C.)
Jurisdiction
Ireland
Judgment Date
21 October 2009
Procedural Posture
Application Under Hague Convention (child Abduction) / Judgment on Return Application
Outcome
Order for return of children to England and Wales, with a stay until 16 December 2009, conditional on undertakings by the mother.
Legal Topics
International Child Abduction, Hague Convention, Custody Orders, Council Regulation 2201/2003, Children's Rights
Family Law International Law International Child Abduction Hague Convention Custody Orders Council Regulation 2201/2003 Children's Rights

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Parties

C. A.

Applicant

C. A. (otherwise C. Mc C.)

Respondent

Procedural Posture

Application Under Hague Convention (child Abduction) / Judgment on Return Application

Legal Issues

  1. 1 Whether the removal of the children from England to Ireland was wrongful under the Hague Convention and Regulation 2201/2003
  2. 2 Whether the Article 13(b) 'grave risk' defence applies
  3. 3 Whether the objections of the children to return are sufficient to refuse return under Article 13

Ratio Decidendi

The mother failed to establish clear and compelling evidence of grave risk under Article 13(b). While the objections of the two elder children to return were made out and the children were of sufficient age and maturity for their views to be considered, the court determined that the policy of the Convention and Regulation, including the need to deter abduction and respect judicial processes, outweighed the children's objections. Therefore, the court exercised its discretion to order the return of the children, with a stay to allow the mother to pursue proceedings in England.

Court Disposition

Order for return of children to England and Wales, with a stay until 16 December 2009, conditional on undertakings by the mother.

Orders

  • Return of the children to the jurisdiction of the Courts of England and Wales.
  • Stay on the return order until 16 December 2009, conditional on the mother promptly pursuing her application to the English Courts for permission to relocate and attending required hearings with the children.