B. -v- G. [2009] IEHC 104 (04 March 2009)

B. -v- G. [2009] IEHC 104 (04 March 2009)

The applicant failed to establish that the child's habitual residence changed from Ireland to Latvia between 8th May 2008 and 15th June 2008. The child continued to reside and attend school in Ireland during this period, and the applicant's decision alone, without an actual change in residence, was insufficient to alter habitual residence. Therefore, the child was not habitually resident in Latvia immediately prior to the alleged wrongful retention, and the application under the Hague Convention must fail.

Citation
[2009] IEHC 104
Parties
Applicant: E. B.; Respondent: A. G.
Jurisdiction
Ireland
Judgment Date
04 March 2009
Procedural Posture
Application Under Hague Convention (child Abduction) / High Court Judgment
Outcome
Application dismissed
Legal Topics
Child Abduction, Habitual Residence, Custody, Guardianship, Hague Convention
Family Law International Law Child Abduction Habitual Residence Custody Guardianship Hague Convention

Case Brief

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Parties

E. B.

Applicant

A. G.

Respondent

Procedural Posture

Application Under Hague Convention (child Abduction) / High Court Judgment

Legal Issues

  1. 1 Whether the child was habitually resident in Latvia immediately prior to the alleged wrongful retention on 15th June 2008
  2. 2 Whether the applicant is entitled to a summary order for the return of the child under the Hague Convention

Ratio Decidendi

The applicant failed to establish that the child's habitual residence changed from Ireland to Latvia between 8th May 2008 and 15th June 2008. The child continued to reside and attend school in Ireland during this period, and the applicant's decision alone, without an actual change in residence, was insufficient to alter habitual residence. Therefore, the child was not habitually resident in Latvia immediately prior to the alleged wrongful retention, and the application under the Hague Convention must fail.

Court Disposition

Application dismissed

Orders

  • Application for return of the child to Latvia under the Hague Convention is dismissed.