K v E (Unapproved) [2024] IECA 164 (24 June 2024)

K v E (Unapproved) [2024] IECA 164 (24 June 2024)

Given the strong and authentic objection of the older child, her age, and the absence of improper influence, the Court of Appeal exercises its discretion to overturn the High Court order for return, allowing the children to remain in Ireland pending a full custody and welfare assessment by the Swedish court.

Citation
[2024] IECA 164
Parties
Respondent: K.; Appellant: E.
Jurisdiction
Ireland
Judgment Date
24 June 2024
Procedural Posture
Appeal / Judgment on Appeal From High Court Order for Return of Children Under Hague Convention
Outcome
High Court order for return to Sweden overturned; children to remain in Ireland pending further decision by Swedish court.
Legal Topics
International Child Abduction, Hague Convention, Child Custody, Views of the Child, Discretion Under Article 13
Family Law International Law International Child Abduction Hague Convention Child Custody Views of the Child Discretion Under Article 13

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Parties

K.

Respondent

E.

Appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Order for Return of Children Under Hague Convention

Legal Issues

  1. 1 Whether the discretion under Article 13 of the Hague Convention should be exercised to order the return of the children to Sweden despite the child's objections
  2. 2 Whether the defence of grave risk is made out

Ratio Decidendi

Given the strong and authentic objection of the older child, her age, and the absence of improper influence, the Court of Appeal exercises its discretion to overturn the High Court order for return, allowing the children to remain in Ireland pending a full custody and welfare assessment by the Swedish court.

Court Disposition

High Court order for return to Sweden overturned; children to remain in Ireland pending further decision by Swedish court.

Orders

  • Order for return of children to Sweden set aside.
  • Children to remain in Ireland until Swedish court determines custody and residence.