M-K-D -v- K-W-D [2012] IEHC 378 (21 September 2012)

M-K-D -v- K-W-D [2012] IEHC 378 (21 September 2012)

The father failed to prove real, positive, and unequivocal consent by the mother to the boys' removal; the elder child objects but his objections are not determinative; the best interests of both boys require that custody disputes be decided by the courts of Poland, their habitual residence; the court orders return of both boys to Poland.

Citation
[2012] IEHC 378
Parties
Applicant: M-K-D; Respondent: K-W-D
Jurisdiction
Ireland
Judgment Date
21 September 2012
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment
Outcome
order for return of both boys to Poland
Legal Topics
Child Abduction, Custody, Hague Convention, Council Regulation 2201/2003
Family Law International Law Child Abduction Custody Hague Convention Council Regulation 2201/2003

Case Brief

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Parties

M-K-D

Applicant

K-W-D

Respondent

Procedural Posture

Child Abduction Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the removal of the children from Poland to Ireland was wrongful under the Hague Convention
  2. 2 Whether the mother consented to the removal
  3. 3 Whether the objections of the elder child justify non-return under Article 13

Ratio Decidendi

The father failed to prove real, positive, and unequivocal consent by the mother to the boys' removal; the elder child objects but his objections are not determinative; the best interests of both boys require that custody disputes be decided by the courts of Poland, their habitual residence; the court orders return of both boys to Poland.

Court Disposition

order for return of both boys to Poland

Orders

  • Order for return of both boys to Poland
  • Stay on the order to facilitate orderly return and discussions regarding schooling