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 Articles 3 and 12 of the Hague Convention because the plaintiff had rights of access only, not rights of custody, and there was no court order prohibiting removal or requiring consent. The appropriate remedy for breach of access rights is under...

Source-derived case information.

Citation
[2001] 1 ILRM 371
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

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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
  3. 3 Whether the appropriate remedy is under Article 21 (access) or Article 3 (custody) of the Convention

Ratio Decidendi

The removal of the minors by the custodial parent was not wrongful under Articles 3 and 12 of the Hague Convention because the plaintiff had rights of access only, not rights of custody, and there was no court order prohibiting removal or requiring consent. The appropriate remedy for breach of access rights is under Article 21, not mandatory return under Article 3.

Court Disposition

Appeal dismissed; High Court order affirmed.