P. (W.P.) v. W. (S.R.) [2000] IESC 14; [2000] 4 IR 401; [2001] 1 ILRM 371 (14th April, 2000)

P. (W.P.) v. W. (S.R.) [2000] IESC 14; [2000] 4 IR 401; [2001] 1 ILRM 371 (14th April, 2000)

The removal of the minors by the custodial parent was not wrongful under the Hague Convention because the plaintiff only had rights of access, not rights of custody, and there was no court order prohibiting removal or requiring consent. The appropriate remedy for the plaintiff was under Article 21 for access rights, not Article 3 for wrongful removal.

Citation
[2000] IESC 14
Parties
Appellant: Plaintiff (Father); Respondent: Defendant (Mother)
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Child Abduction, Custody, Access Rights, Hague Convention
Family Law International Law Child Abduction Custody Access Rights Hague Convention

Case Brief

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Parties

Plaintiff (Father)

Appellant

Defendant (Mother)

Respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether removal of minors from California to Ireland by custodial parent was 'wrongful' under Article 3 of the Hague Convention
  2. 2 Whether rights of access granted to non-custodial parent constitute 'rights of custody' under the Convention

Ratio Decidendi

The removal of the minors by the custodial parent was not wrongful under the Hague Convention because the plaintiff only had rights of access, not rights of custody, and there was no court order prohibiting removal or requiring consent. The appropriate remedy for the plaintiff was under Article 21 for access rights, not Article 3 for wrongful removal.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • No order for return of minors to California; minors remain in Ireland.