J.J -v- L Mc L [2013] IEHC 549 (26 July 2013)
The child was habitually resident in Belgium at the relevant time, but the respondent established that return would expose the child to a grave risk of psychological harm and that the best interests of the child require he remain with his mother; therefore, the application for return is refused under Article 13b of the Hague Convention.
- Citation
- [2013] IEHC 549
- Parties
- Applicant: J. J.; Respondent: L. McL.
- Jurisdiction
- Ireland
- Judgment Date
- 26 July 2013
- Procedural Posture
- Child Abduction Under Hague Convention / High Court Judgment
- Outcome
- Application refused
- Legal Topics
- International Child Abduction, Hague Convention, Habitual Residence, Best Interests of the Child, Grave Risk Exception
Case Brief
Summary, issues, holding and outcome
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Parties
J. J.
Applicant
L. McL.
Respondent
Procedural Posture
Child Abduction Under Hague Convention / High Court Judgment
Legal Issues
- 1 Whether the child was habitually resident in Belgium at the time of retention in Ireland
- 2 Whether the removal/retention was wrongful under Article 3 of the Hague Convention
- 3 Whether Article 13b grave risk exception applies to prevent return
Ratio Decidendi
The child was habitually resident in Belgium at the relevant time, but the respondent established that return would expose the child to a grave risk of psychological harm and that the best interests of the child require he remain with his mother; therefore, the application for return is refused under Article 13b of the Hague Convention.
Court Disposition
Application refused
Orders
- Refusal to order return of the child to Belgium under Article 13b of the Hague Convention
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