K -v- K [2014] IEHC 701 (27 March 2014)

K -v- K [2014] IEHC 701 (27 March 2014)

The court found that the habitual residence of the children had not changed from Ireland to Lithuania in the short period in question. Therefore, Ireland retained jurisdiction, and the relief for summary return under the Hague Convention was refused.

Citation
[2014] IEHC 701
Parties
Applicant: K.; Respondent: K.
Jurisdiction
Ireland
Judgment Date
27 March 2014
Procedural Posture
Child Abduction / Custody (hague Convention) / Application for Summary Return of Children
Outcome
application refused
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Jurisdiction
Family Law International Law Child Abduction Habitual Residence Hague Convention Jurisdiction

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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

K.

Applicant

K.

Respondent

Procedural Posture

Child Abduction / Custody (hague Convention) / Application for Summary Return of Children

Legal Issues

  1. 1 Whether the habitual residence of the children had changed from Ireland to Lithuania prior to their removal
  2. 2 Whether the removal of the children was wrongful under the Hague Convention

Ratio Decidendi

The court found that the habitual residence of the children had not changed from Ireland to Lithuania in the short period in question. Therefore, Ireland retained jurisdiction, and the relief for summary return under the Hague Convention was refused.

Court Disposition

application refused

Orders

  • Relief for return of the children under the Hague Convention refused.