C.M.H -v- J.P.D [2014] IEHC 261 (16 May 2014)

C.M.H -v- J.P.D [2014] IEHC 261 (16 May 2014)

Edward's objections to return are established and authentically his own, but the Court must exercise discretion in favour of return to England to uphold Convention policy, prevent advantage to the abducting parent, and facilitate a full welfare assessment by the English courts.

Citation
[2014] IEHC 261
Parties
Applicant: C. M. H.; Respondent: J. P. D.
Jurisdiction
Ireland
Judgment Date
16 May 2014
Procedural Posture
Child Abduction Return Application / Final Judgment
Outcome
Order for return of Edward to England granted.
Legal Topics
Child Abduction, Custody, Hague Convention, Council Regulation 2201/2003
Family Law International Law Child Abduction Custody Hague Convention Council Regulation 2201/2003

Case Brief

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Parties

C. M. H.

Applicant

J. P. D.

Respondent

Procedural Posture

Child Abduction Return Application / Final Judgment

Legal Issues

  1. 1 Whether Edward's objections to return to England constitute a valid defence under Article 13 of the Hague Convention
  2. 2 Whether the Court should exercise its discretion to refuse or order return based on the child's views

Ratio Decidendi

Edward's objections to return are established and authentically his own, but the Court must exercise discretion in favour of return to England to uphold Convention policy, prevent advantage to the abducting parent, and facilitate a full welfare assessment by the English courts.

Court Disposition

Order for return of Edward to England granted.

Orders

  • Edward to return to England on or before Wednesday 4th June, 2014.
  • Judgment, affidavits, exhibits, and psychologist's report to be released for use in English proceedings.