T. -v- O. [2007] IEHC 326 (10 September 2007)

T. -v- O. [2007] IEHC 326 (10 September 2007)

The retention of the children in England after 9 March 2007 was wrongful within the meaning of Article 3 of the Hague Convention and Article 2 of the Regulation, as rights of custody had vested in the District Court upon institution and service of proceedings by the applicant. The applicant, as an unmarried father,...

Source-derived case information.

Citation
[2007] IEHC 326
Parties
Applicant: G. T.; Respondent: K. A. O.; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
10 September 2007
Procedural Posture
Special Summons (family Law Child Abduction) / High Court Judgment on Reference Under Article 15 of the Hague Convention and Article 15 of Council Regulation No. 2201/2003 (ec)
Outcome
Declaration granted
Legal Topics
Child Abduction, Custody Rights, Hague Convention, Habitual Residence, Unmarried Fathers' Rights, Jurisdiction, Wrongful Retention
Family Law International Law European Union Law Child Abduction Custody Rights Hague Convention Habitual Residence Unmarried Fathers' Rights +2 more

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Summary, issues, holding and outcome

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Parties

G. T.

Applicant

K. A. O.

Respondent

The Attorney General

Notice Party

Procedural Posture

Special Summons (family Law Child Abduction) / High Court Judgment on Reference Under Article 15 of the Hague Convention and Article 15 of Council Regulation No. 2201/2003 (ec)

Legal Issues

  1. 1 Whether the removal or retention of the children in England was wrongful within the meaning of Article 3 of the Hague Convention and/or Article 2 of Council Regulation No. 2201/2003 (EC)
  2. 2 Whether the applicant (unmarried father) had 'rights of custody' under Irish law at the relevant time
  3. 3 Whether such rights could vest in the District Court upon institution of proceedings

Ratio Decidendi

The retention of the children in England after 9 March 2007 was wrongful within the meaning of Article 3 of the Hague Convention and Article 2 of the Regulation, as rights of custody had vested in the District Court upon institution and service of proceedings by the applicant. The applicant, as an unmarried father, did not have rights of custody by operation of law or agreement under Irish law, but the court's rights of custody sufficed to render the retention wrongful.

Court Disposition

Declaration granted

Orders

  • Declaration that the retention of the children in England after 9 March 2007 was wrongful within the meaning of Article 3 of the Hague Convention and Article 2 of Council Regulation No. 2201/2003 (EC)