M.I. v M.B.R. (Approved) [2020] IEHC 504 (25 August 2020)

M.I. v M.B.R. (Approved) [2020] IEHC 504 (25 August 2020)

The court found the removal of the child from Italy to Ireland was wrongful under the Hague Convention, the applicant was exercising custody rights, and the grave risk exception under Article 13(b) was engaged due to threats made by the applicant. However, the court held that adequate protective measures and...

Source-derived case information.

Citation
[2020] IEHC 504
Parties
Applicant: M. I.; Respondent: M. B. R.
Jurisdiction
Ireland
Judgment Date
25 August 2020
Procedural Posture
Application for Return of Child Under Hague Convention / High Court Judgment
Outcome
Application granted; order for return of child to Italy.
Legal Topics
International Child Abduction, Hague Convention 1980, Custody Rights, Grave Risk Exception, Protective Measures, Habitual Residence
Family Law International Law International Child Abduction Hague Convention 1980 Custody Rights Grave Risk Exception Protective Measures Habitual Residence

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Summary, issues, holding and outcome

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Parties

M. I.

Applicant

M. B. R.

Respondent

Procedural Posture

Application for Return of Child Under Hague Convention / High Court Judgment

Legal Issues

  1. 1 Whether the removal of the child from Italy to Ireland was wrongful under the Hague Convention
  2. 2 Whether the applicant was exercising custody rights at the time of removal
  3. 3 Whether there is a grave risk that return would expose the child to physical or psychological harm or place the child in an intolerable situation under Article 13(b)

Ratio Decidendi

The court found the removal of the child from Italy to Ireland was wrongful under the Hague Convention, the applicant was exercising custody rights, and the grave risk exception under Article 13(b) was engaged due to threats made by the applicant. However, the court held that adequate protective measures and undertakings offered by the applicant, combined with the ability of the Italian courts to provide further protection, were sufficient to mitigate the grave risk. Therefore, the child should be returned to Italy.

Court Disposition

Application granted; order for return of child to Italy.

Orders

  • The child, P. I., is to be returned to Italy forthwith.
  • The applicant is to provide undertakings to ensure the respondent and child's safety, including sole use of the family home until further order of the Italian court.