H. (E.) v. H. (S.) [2004] IEHC 90 (27 April 2004)

H. (E.) v. H. (S.) [2004] IEHC 90 (27 April 2004)

The respondent failed to provide clear and compelling evidence that the return of the child would create a grave risk of intolerable harm. Remedies for domestic violence are available in England and Wales, and the respondent's psychological frailty does not justify non-return under Article 13(b).

Citation
[2004] IEHC 90
Parties
Applicant: E H; Respondent: S H
Jurisdiction
Ireland
Judgment Date
27 April 2004
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Outcome
Order for return of the child to England and Wales granted
Legal Topics
Child Abduction, Custody, Hague Convention, Domestic Violence, Habitual Residence
Family Law International Law Child Abduction Custody Hague Convention Domestic Violence Habitual Residence

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Parties

E H

Applicant

S H

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the respondent established a defence under Article 13(b) of the Hague Convention to prevent the return of the child to England and Wales
  2. 2 Whether there is a grave risk that the child's return would expose her to physical or psychological harm or place her in an intolerable situation

Ratio Decidendi

The respondent failed to provide clear and compelling evidence that the return of the child would create a grave risk of intolerable harm. Remedies for domestic violence are available in England and Wales, and the respondent's psychological frailty does not justify non-return under Article 13(b).

Court Disposition

Order for return of the child to England and Wales granted

Orders

  • Applicant to provide undertakings for financial support, rent, and safe return of respondent and child
  • Court to hear counsel on precise form of undertakings and date of return