MN -v- AN [2016] IEHC 739 (20 December 2016)

MN -v- AN [2016] IEHC 739 (20 December 2016)

The child was wrongfully retained in Ireland beyond the consented holiday; no clear, cogent, or unequivocal consent to retention was proven; grave risk defence not established; child did not object to return; mandatory return under Article 12 of the Hague Convention applies.

Citation
[2016] IEHC 739
Parties
Applicant: M. N.; Respondent: A. N.
Jurisdiction
Ireland
Judgment Date
20 December 2016
Procedural Posture
Child Abduction Return 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

M. N.

Applicant

A. N.

Respondent

Procedural Posture

Child Abduction Return Application / Final Judgment

Legal Issues

  1. 1 Was the child wrongfully retained in Ireland under the Hague Convention?
  2. 2 Did the applicant consent to the child's retention?
  3. 3 Is there a grave risk to the child if returned to Poland?

Ratio Decidendi

The child was wrongfully retained in Ireland beyond the consented holiday; no clear, cogent, or unequivocal consent to retention was proven; grave risk defence not established; child did not object to return; mandatory return under Article 12 of the Hague Convention applies.

Court Disposition

application granted

Orders

  • The child is to be returned to Poland.
  • Applicant to collect the child at 10.00 on 28th December, 2016 from respondent's address.