Li. -v- La. [2009] IEHC 585 (18 December 2009)

Li. -v- La. [2009] IEHC 585 (18 December 2009)

The removal of the children from Poland was wrongful under the Hague Convention as the applicant had rights of custody and was exercising them at the time. There was insufficient evidence of grave risk of harm or intolerable situation to prevent return. The children's objections, while noted, did not outweigh the policy of returning them to their habitual residence. The welfare of the children would be best served by returning them to Poland, where further decisions could be made under Polish law.

Citation
[2009] IEHC 585
Parties
Applicant: P. Li.; Respondent: E. La.
Jurisdiction
Ireland
Judgment Date
18 December 2009
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment in High Court
Outcome
Order for return of children to Poland granted.
Legal Topics
Child Abduction, Custody, Hague Convention, Habitual Residence, Council Regulation 2201/2003, Welfare of the Child
Family Law International Law Child Abduction Custody Hague Convention Habitual Residence Council Regulation 2201/2003 Welfare of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

P. Li.

Applicant

E. La.

Respondent

Procedural Posture

Child Abduction Under Hague Convention / Final Judgment in High Court

Legal Issues

  1. 1 Whether the removal of the children from Poland to Ireland by the respondent was wrongful under the Hague Convention
  2. 2 Whether the applicant had rights of custody at the time of removal
  3. 3 Whether there is a grave risk that return would expose the children to physical or psychological harm or otherwise place them in an intolerable situation

Ratio Decidendi

The removal of the children from Poland was wrongful under the Hague Convention as the applicant had rights of custody and was exercising them at the time. There was insufficient evidence of grave risk of harm or intolerable situation to prevent return. The children's objections, while noted, did not outweigh the policy of returning them to their habitual residence. The welfare of the children would be best served by returning them to Poland, where further decisions could be made under Polish law.

Court Disposition

Order for return of children to Poland granted.

Orders

  • The children are to be returned to their place of habitual residence, Poland.
  • No order as to costs.