N.J. v E. O'D [2018] IEHC 662 (31 August 2018)

N.J. v E. O'D [2018] IEHC 662 (31 August 2018)

The applicant was not exercising custody rights at the time of the child's removal; financial support alone is insufficient, and there was no credible evidence of attempts to maintain a relationship or pursue access. The respondent, as primary carer, provided a stable environment in Ireland. The court exercised discretion against ordering return under Article 13(a) of the Hague Convention.

Citation
[2018] IEHC 662
Parties
Applicant: N. J.; Respondent: E. O'D
Jurisdiction
Ireland
Judgment Date
31 August 2018
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment
Outcome
application refused
Legal Topics
Child Abduction, Custody Rights, Hague Convention, Habitual Residence, Grave Risk Defence
Family Law International Law Child Abduction Custody Rights Hague Convention Habitual Residence Grave Risk Defence

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Parties

N. J.

Applicant

E. O'D

Respondent

Procedural Posture

Child Abduction Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Was the applicant exercising custody rights at the time of removal under Article 3 of the Hague Convention?
  2. 2 Does the grave risk defence under Article 13(b) apply?

Ratio Decidendi

The applicant was not exercising custody rights at the time of the child's removal; financial support alone is insufficient, and there was no credible evidence of attempts to maintain a relationship or pursue access. The respondent, as primary carer, provided a stable environment in Ireland. The court exercised discretion against ordering return under Article 13(a) of the Hague Convention.

Court Disposition

application refused

Orders

  • Return of the child to England not ordered