G.W -v- E.B [2012] IEHC 213 (15 March 2012)

G.W -v- E.B [2012] IEHC 213 (15 March 2012)

The applicant had rights of custody under the Hague Convention, but the child's independently formed, strong objections, age, maturity, and current stability in Ireland justified the exercise of discretion not to order return. The Convention's aims were outweighed by the child's welfare and views.

Citation
[2012] IEHC 213
Parties
Applicant: G. W.; Respondent: E. B.
Jurisdiction
Ireland
Judgment Date
15 March 2012
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
application refused
Legal Topics
International Child Abduction, Custody Rights, Hague Convention, Child's Objections, Intolerable Situation
Family Law International Law International Child Abduction Custody Rights Hague Convention Child's Objections Intolerable Situation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

G. W.

Applicant

E. B.

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the applicant had rights of custody under the Hague Convention
  2. 2 Whether the applicant was exercising those rights at the time of removal
  3. 3 Whether the child's objections and maturity justify refusal to return

Ratio Decidendi

The applicant had rights of custody under the Hague Convention, but the child's independently formed, strong objections, age, maturity, and current stability in Ireland justified the exercise of discretion not to order return. The Convention's aims were outweighed by the child's welfare and views.

Court Disposition

application refused