G. -v- R. [2012] IEHC 16 (12 January 2012)

G. -v- R. [2012] IEHC 16 (12 January 2012)

CR has attained an age and degree of maturity at which it is appropriate to take account of his views; his objections to return are genuine, cogent, and independently formed. The balancing exercise between Convention aims and CR's objections favours refusal of return. This is an exceptional case due to CR's extended...

Source-derived case information.

Citation
[2012] IEHC 16
Parties
Applicant: G; Respondent: R
Jurisdiction
Ireland
Judgment Date
12 January 2012
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Outcome
application refused
Legal Topics
Habitual Residence, Child's Objections, Article 13 Hague Convention, Psychological Harm, Intolerable Situation, Child's Maturity
Family Law International Child Abduction Habitual Residence Child's Objections Article 13 Hague Convention Psychological Harm Intolerable Situation Child's Maturity

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Summary, issues, holding and outcome

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Parties

G

Applicant

R

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether CR should be returned to the UK under the Hague Convention despite his objections
  2. 2 Whether CR's objections are sufficiently mature and cogent to justify refusal of return
  3. 3 Whether return would expose CR to grave risk of psychological harm or intolerable situation

Ratio Decidendi

CR has attained an age and degree of maturity at which it is appropriate to take account of his views; his objections to return are genuine, cogent, and independently formed. The balancing exercise between Convention aims and CR's objections favours refusal of return. This is an exceptional case due to CR's extended residence in Ireland, genuine objections, and maturity.

Court Disposition

application refused