F v C (Unapproved) [2022] IECA 194 (05 August 2022)

F v C (Unapproved) [2022] IECA 194 (05 August 2022)

The mother failed to establish grave risk with clear and compelling evidence. The views of the children, particularly Tara, amounted to a mild objection but lacked cogency and weight to override the Convention's policy. The English courts are competent to address welfare concerns. The High Court correctly exercised its discretion and ordered the return of the children.

Citation
[2022] IECA 194
Parties
Applicant/respondent: L. F.; Respondent/appellant: S. C.
Jurisdiction
Ireland
Judgment Date
05 August 2022
Procedural Posture
Child Abduction Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Child Abduction, Grave Risk, Views of the Child, Hague Convention, Jurisdiction, Custody
Family Law International Law Child Abduction Grave Risk Views of the Child Hague Convention Jurisdiction Custody

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

L. F.

Applicant/respondent

S. C.

Respondent/appellant

Procedural Posture

Child Abduction Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the return of the children to England would expose them to grave risk of harm under Article 13 of the Hague Convention
  2. 2 Whether the views of the children are sufficient to refuse return under Article 13
  3. 3 Which court has jurisdiction to decide custody and welfare issues

Ratio Decidendi

The mother failed to establish grave risk with clear and compelling evidence. The views of the children, particularly Tara, amounted to a mild objection but lacked cogency and weight to override the Convention's policy. The English courts are competent to address welfare concerns. The High Court correctly exercised its discretion and ordered the return of the children.

Court Disposition

appeal dismissed

Orders

  • Order of High Court affirmed: children to be returned to England within ten days of perfection of the order
  • Father to pay £1,500 to mother in advance of return date to defray costs