LME -v- SALK & anor [2016] IEHC 712 (13 December 2016)

LME -v- SALK & anor [2016] IEHC 712 (13 December 2016)

The child was habitually resident in England and Wales, the applicant had and was exercising rights of custody, no valid defence under Article 13 was raised, and the removal was wrongful under Article 3 of the Hague Convention. The child's views were considered but did not meet the threshold for a non-return order. Return is mandatory under Article 12.

Citation
[2016] IEHC 712
Parties
Applicant: L. M. E.; Respondent: S. A. L. K.; Notice Party: London Borough of Havering
Jurisdiction
Ireland
Judgment Date
13 December 2016
Procedural Posture
Child Abduction Application / Final Judgment
Outcome
application granted
Legal Topics
Child Abduction, Custody, Habitual Residence, Hague Convention, Council Regulation 2201/2003
Family Law International Law Child Abduction Custody Habitual Residence Hague Convention Council Regulation 2201/2003

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Parties

L. M. E.

Applicant

S. A. L. K.

Respondent

London Borough of Havering

Notice Party

Procedural Posture

Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Was the removal of the child wrongful under Article 3 of the Hague Convention?
  2. 2 Was the applicant exercising rights of custody at the time of removal?
  3. 3 Does any defence under Article 13 of the Hague Convention apply?

Ratio Decidendi

The child was habitually resident in England and Wales, the applicant had and was exercising rights of custody, no valid defence under Article 13 was raised, and the removal was wrongful under Article 3 of the Hague Convention. The child's views were considered but did not meet the threshold for a non-return order. Return is mandatory under Article 12.

Court Disposition

application granted

Orders

  • Return of the child to the jurisdiction of England and Wales
  • Such other orders as may facilitate the return