C v D (Approved) [2026] IEHC 47 (30 January 2026)

C v D (Approved) [2026] IEHC 47 (30 January 2026)

The court refused to order the child's return to Poland because the applicant's conduct (entering the child's bed naked) created a grave risk of physical or psychological harm or intolerable situation, and no immediate protective measures were proposed or evidenced. The child's objections, found to be authentic and...

Source-derived case information.

Citation
[2026] IEHC 47
Parties
Applicant: C; Respondent: D
Jurisdiction
Ireland
Judgment Date
30 January 2026
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Outcome
application refused
Legal Topics
International Child Abduction, Hague Convention, Child Custody, Grave Risk Exception, Child's Objections, Protective Measures
Family Law International Law International Child Abduction Hague Convention Child Custody Grave Risk Exception Child's Objections Protective Measures

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Summary, issues, holding and outcome

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Parties

C

Applicant

D

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the child should be returned to Poland under the Hague Convention and Council Regulation (EU) 2019/1111
  2. 2 Whether the applicant consented to the child's relocation
  3. 3 Whether return would expose the child to grave risk of harm or intolerable situation

Ratio Decidendi

The court refused to order the child's return to Poland because the applicant's conduct (entering the child's bed naked) created a grave risk of physical or psychological harm or intolerable situation, and no immediate protective measures were proposed or evidenced. The child's objections, found to be authentic and mature, reinforced the refusal. The high threshold for grave risk was met on the specific facts, and the Convention's objectives did not override the child's immediate safety.

Court Disposition

application refused

Orders

  • Application for return of the child to Poland is refused.