F.L v C.L [2006] IEHC 66 (25 January 2006)

F.L v C.L [2006] IEHC 66 (25 January 2006)

The father acquiesced in the retention of the children in Ireland within the meaning of Article 13(a) of the Hague Convention, evidenced by his conduct and lack of objection or request for return, thus the court has discretion to refuse return and exercises it in favour of non-return, considering the interests of...

Source-derived case information.

Citation
[2006] IEHC 66
Parties
Applicant: Mr. L.; Respondent: Mrs. L.
Jurisdiction
Ireland
Judgment Date
25 January 2006
Procedural Posture
Child Abduction Application / Final Judgment
Outcome
application refused
Legal Topics
Child Abduction, Hague Convention, Acquiescence, Jurisdiction, Habitual Residence, Access Rights
Family Law International Law Child Abduction Hague Convention Acquiescence Jurisdiction Habitual Residence Access Rights

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Parties

Mr. L.

Applicant

Mrs. L.

Respondent

Procedural Posture

Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the retention of the children in Ireland was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the father consented or acquiesced to the retention under Article 13(a)
  3. 3 Whether the court should exercise its discretion to refuse return under Article 13

Ratio Decidendi

The father acquiesced in the retention of the children in Ireland within the meaning of Article 13(a) of the Hague Convention, evidenced by his conduct and lack of objection or request for return, thus the court has discretion to refuse return and exercises it in favour of non-return, considering the interests of the children and the factual circumstances.

Court Disposition

application refused

Orders

  • Order refusing the father's application for return of the children to Northern Ireland under the Hague Convention and Act of 1991.
  • Order for transmission of court order, judgment, pleadings, affidavits, exhibits, report of Dr. Byrne, and transcript of oral evidence to the High Court of Justice of Northern Ireland pursuant to Article 11.6 of Regulation 2201/2003.