K.W. -v- P.W. [2016] IEHC 513 (02 September 2016)

K.W. -v- P.W. [2016] IEHC 513 (02 September 2016)

The children acquired habitual residence in Ireland due to joint parental consent and tangible integration steps; therefore, there was no wrongful retention under Article 3 of the Hague Convention and the application for return to Australia is refused.

Citation
[2016] IEHC 513
Parties
Applicant: K. W.; Respondent: P. W.
Jurisdiction
Ireland
Judgment Date
02 September 2016
Procedural Posture
Child Abduction / Custody (hague Convention) / Final Judgment
Outcome
Application for return of children to Australia refused.
Legal Topics
Habitual Residence, Child Abduction, Hague Convention, Custody, Consent, Grave Risk, Inherent Jurisdiction
Family Law International Law Habitual Residence Child Abduction Hague Convention Custody Consent Grave Risk +1 more

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Parties

K. W.

Applicant

P. W.

Respondent

Procedural Posture

Child Abduction / Custody (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in Australia or Ireland immediately prior to alleged wrongful retention
  2. 2 Whether there was consent or acquiescence to relocation to Ireland
  3. 3 Whether there was wrongful retention under Article 3 of the Hague Convention

Ratio Decidendi

The children acquired habitual residence in Ireland due to joint parental consent and tangible integration steps; therefore, there was no wrongful retention under Article 3 of the Hague Convention and the application for return to Australia is refused.

Court Disposition

Application for return of children to Australia refused.

Orders

  • Children found habitually resident in Ireland.
  • Stay on Circuit Court proceedings to be lifted; custody issues to proceed under Irish law.