K. (I.) v. K. (J.) [1998] IEHC 195 (25th February, 1998)

K. (I.) v. K. (J.) [1998] IEHC 195 (25th February, 1998)

The court found no evidence of consent or acquiescence by the plaintiff to the removal of the children, nor sufficient risk of harm or intolerable situation to prevent their return. The order for return is granted, subject to undertakings regarding accommodation, financial support, and non-contact pending Scottish...

Source-derived case information.

Citation
[1998] IEHC 195
Parties
Plaintiff: IK; Defendant: JK
Jurisdiction
Ireland
Procedural Posture
Application Under the Child Abduction and Enforcement of Custody Orders Act 1991 / Final Judgment
Outcome
Order for return of children to Scotland granted, subject to undertakings.
Legal Topics
Child Custody, Habitual Residence, Wrongful Removal, Grave Risk Exception, Acquiescence, Consent
Family Law International Child Abduction Child Custody Habitual Residence Wrongful Removal Grave Risk Exception Acquiescence Consent

Source-derived case record

Summary, issues, holding and outcome

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Parties

IK

Plaintiff

JK

Defendant

Procedural Posture

Application Under the Child Abduction and Enforcement of Custody Orders Act 1991 / Final Judgment

Legal Issues

  1. 1 Whether the removal of the children from Scotland to Ireland was wrongful under the Act
  2. 2 Whether the plaintiff consented or acquiesced to the removal
  3. 3 Whether returning the children to Scotland would expose them to grave risk of harm or intolerable situation

Ratio Decidendi

The court found no evidence of consent or acquiescence by the plaintiff to the removal of the children, nor sufficient risk of harm or intolerable situation to prevent their return. The order for return is granted, subject to undertakings regarding accommodation, financial support, and non-contact pending Scottish court determination.

Court Disposition

Order for return of children to Scotland granted, subject to undertakings.

Orders

  • Defendant to provide funds for air tickets and associated expenses for return journey.
  • Plaintiff to undertake not to contact defendant or children pending Scottish Family Law Court ruling.