Lancashire County Council -v- V.S. & anor [2017] IEHC 678 (27 October 2017)

Lancashire County Council -v- V.S. & anor [2017] IEHC 678 (27 October 2017)

The child was habitually resident in England at the time of removal. The applicant local authority had and was exercising custody rights under the Care Order. The respondents' objection did not meet the threshold for the grave risk defence under Article 13 of the Hague Convention. The return of the child is ordered.

Source-derived case information.

Citation
[2017] IEHC 678
Parties
Applicant: Lancashire County Council; Respondent: V. S.; Respondent: A. A.
Jurisdiction
Ireland
Judgment Date
05 December 2018
Procedural Posture
Child Abduction Return Application / Final Judgment
Outcome
application granted
Legal Topics
Child Abduction, Custody Rights, Hague Convention, Council Regulation (ec) 2201/2003
Family Law International Law Child Protection Child Abduction Custody Rights Hague Convention Council Regulation (ec) 2201/2003

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Parties

Lancashire County Council

Applicant

V. S.

Respondent

A. A.

Respondent

Procedural Posture

Child Abduction Return Application / Final Judgment

Legal Issues

  1. 1 Whether the removal of S. from England was wrongful under the Hague Convention
  2. 2 Whether the applicant was exercising custody rights at the time of removal
  3. 3 Whether any defence under Article 13 of the Hague Convention applies

Ratio Decidendi

The child was habitually resident in England at the time of removal. The applicant local authority had and was exercising custody rights under the Care Order. The respondents' objection did not meet the threshold for the grave risk defence under Article 13 of the Hague Convention. The return of the child is ordered.

Court Disposition

application granted

Orders

  • Return of S. to England and Wales directed
  • Matter to be listed for directions within seven days of return