R -v- R [2006] IESC 7 (16 February 2006)

R -v- R [2006] IESC 7 (16 February 2006)

The trial judge's findings that the father did not consent to permanent relocation, did not acquiesce, and that no grave risk was established, were supported by credible evidence and are binding; the minors' habitual residence remained in the USA; the appeal is dismissed and the minors must be returned.

Citation
[2006] IESC 7
Parties
Applicant/respondent: S. R.; Respondent/appellant: M. M. R.
Jurisdiction
Ireland
Judgment Date
16 February 2006
Procedural Posture
Child Abduction Appeal / Final Appellate Judgment
Outcome
appeal dismissed; High Court order affirmed
Legal Topics
Child Abduction, Custody, Habitual Residence, Consent, Acquiescence, Grave Risk, Undertakings
Family Law International Law Child Abduction Custody Habitual Residence Consent Acquiescence Grave Risk +1 more

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Parties

S. R.

Applicant/respondent

M. M. R.

Respondent/appellant

Procedural Posture

Child Abduction Appeal / Final Appellate Judgment

Legal Issues

  1. 1 whether the father consented to the permanent relocation of the minors to Ireland
  2. 2 whether the minors' habitual residence was altered
  3. 3 whether the father acquiesced in the retention of the minors in Ireland

Ratio Decidendi

The trial judge's findings that the father did not consent to permanent relocation, did not acquiesce, and that no grave risk was established, were supported by credible evidence and are binding; the minors' habitual residence remained in the USA; the appeal is dismissed and the minors must be returned.

Court Disposition

appeal dismissed; High Court order affirmed

Orders

  • minors to be returned to the jurisdiction of the State of M., U. S. A.
  • father to vacate family home pending any order of M., U. S. A. courts and permit mother to reside there with minors