C.G -v- M.G [2013] IEHC 460 (13 August 2013)

C.G -v- M.G [2013] IEHC 460 (13 August 2013)

The removal of the child from France to Ireland in July 2012 was lawful, authorised by a final French court order. The subsequent appeal did not render the removal provisional or prevent a change in habitual residence. By the time of the alleged wrongful retention in March 2013, the child was habitually resident in Ireland. Therefore, the retention was not wrongful under the Hague Convention and summary return is not available.

Citation
[2013] IEHC 460
Parties
Applicant: C. G; Respondent: M. G
Jurisdiction
Ireland
Judgment Date
13 August 2013
Procedural Posture
Child Abduction Summary Return Application / High Court Judgment on Application for Summary Return Under Hague Convention
Outcome
Application for summary return refused
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Council Regulation 2201/2003, Summary Return, Wrongful Retention
Family Law International Law Child Abduction Habitual Residence Hague Convention Council Regulation 2201/2003 Summary Return Wrongful Retention

Case Brief

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Parties

C. G

Applicant

M. G

Respondent

Procedural Posture

Child Abduction Summary Return Application / High Court Judgment on Application for Summary Return Under Hague Convention

Legal Issues

  1. 1 Whether the child H. G. was habitually resident in France or Ireland immediately before the alleged wrongful retention
  2. 2 Whether the retention of the child in Ireland after 5 March 2013 was wrongful under the Hague Convention
  3. 3 Whether there is a grave risk of harm to the child if returned to France

Ratio Decidendi

The removal of the child from France to Ireland in July 2012 was lawful, authorised by a final French court order. The subsequent appeal did not render the removal provisional or prevent a change in habitual residence. By the time of the alleged wrongful retention in March 2013, the child was habitually resident in Ireland. Therefore, the retention was not wrongful under the Hague Convention and summary return is not available.

Court Disposition

Application for summary return refused

Orders

  • The case is not amenable to the principle of summary return under Article 12 of the Hague Convention.
  • Parties to be heard as to further directions.