D.H. -v- L.H. [2018] IEHC 317 (10 May 2018)

D.H. -v- L.H. [2018] IEHC 317 (10 May 2018)

The removal of the children was wrongful under Article 3 of the Hague Convention as the father was exercising custody rights at the time. However, the court found that returning the children would create a grave risk of an intolerable situation due to lack of accommodation, income, and support in the Czech Republic, and therefore exercised its discretion under Article 13 to refuse the return.

Citation
[2018] IEHC 317
Parties
Applicant: D. H.; Respondent: L. H.
Jurisdiction
Ireland
Judgment Date
10 May 2018
Procedural Posture
Special Summons Hague Convention Child Abduction / Judgment After Full Hearing
Outcome
Application for return of children refused under Article 13 of the Hague Convention.
Legal Topics
Child Abduction, Hague Convention, Custody, Parental Responsibility, Grave Risk Exception
Family Law International Law Child Abduction Hague Convention Custody Parental Responsibility Grave Risk Exception

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Parties

D. H.

Applicant

L. H.

Respondent

Procedural Posture

Special Summons Hague Convention Child Abduction / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the removal of the children from the Czech Republic to Ireland was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the applicant father was exercising custody rights at the time of removal
  3. 3 Whether the Article 13 exceptions (child's objections and grave risk of intolerable situation) apply to prevent return

Ratio Decidendi

The removal of the children was wrongful under Article 3 of the Hague Convention as the father was exercising custody rights at the time. However, the court found that returning the children would create a grave risk of an intolerable situation due to lack of accommodation, income, and support in the Czech Republic, and therefore exercised its discretion under Article 13 to refuse the return.

Court Disposition

Application for return of children refused under Article 13 of the Hague Convention.

Orders

  • Refusal to return the children to the Czech Republic under Article 13.
  • Notification to the relevant Czech court pursuant to Article 11(6) of Council Regulation 2201/2003.