L -v- C [2008] IESC 19 (11 April 2008)

L -v- C [2008] IESC 19 (11 April 2008)

The applicant failed to prove that the child had settled in Ireland, failed to establish a valid objection by the child, did not show delay attributable to the respondent, and did not prove that the Australian courts were unable or unwilling to protect the child from grave risk. The general obligation to return under the Hague Convention applies.

Citation
[2008] IESC 19
Parties
Applicant: P. L.; Respondent: E. C.
Jurisdiction
Ireland
Judgment Date
11 April 2008
Procedural Posture
Appeal (child Abduction Under Hague Convention) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed with amendment.
Legal Topics
Child Abduction, Hague Convention, Custody Rights, Grave Risk Exception, Settlement of Child, Delay in Proceedings
Family Law International Law Child Abduction Hague Convention Custody Rights Grave Risk Exception Settlement of Child Delay in Proceedings

Case Brief

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Parties

P. L.

Applicant

E. C.

Respondent

Procedural Posture

Appeal (child Abduction Under Hague Convention) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the child had settled in Ireland under Article 12 of the Hague Convention
  2. 2 Whether the child objects to being returned under Article 13
  3. 3 Whether delay in bringing proceedings precludes return

Ratio Decidendi

The applicant failed to prove that the child had settled in Ireland, failed to establish a valid objection by the child, did not show delay attributable to the respondent, and did not prove that the Australian courts were unable or unwilling to protect the child from grave risk. The general obligation to return under the Hague Convention applies.

Court Disposition

Appeal dismissed; High Court order affirmed with amendment.

Orders

  • Child to be returned to Australia, effective upon respondent's undertaking not to exercise access/contact except as ordered by the Australian Family Court.