S.-A. (Z.) v. T. (S.) [1996] IEHC 10 (26th August, 1996)

S.-A. (Z.) v. T. (S.) [1996] IEHC 10 (26th August, 1996)

Plaintiff's consent to the Defendant relocating with T. to Ireland was open-ended and not conditionally limited in duration; both parties exercised joint parental responsibility and agreed to change T.'s habitual residence from England to Ireland. Therefore, T. was not habitually resident in England immediately before the alleged wrongful retention, and Article 12 of the Hague Convention does not apply.

Citation
[1996] IEHC 10
Parties
Applicant: Plaintiff; Respondent: Defendant
Jurisdiction
Ireland
Procedural Posture
Child Abduction Application Under Hague Convention / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Child Abduction, Habitual Residence, Parental Responsibility, Hague Convention
Family Law International Law Child Abduction Habitual Residence Parental Responsibility Hague Convention

Case Brief

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Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Judgment After Hearing

Legal Issues

  1. 1 Whether the child T. was wrongfully retained in Ireland under Article 12 of the Hague Convention
  2. 2 Whether T. was habitually resident in England immediately before alleged wrongful retention
  3. 3 Whether Plaintiff's consent to removal was conditional or open-ended

Ratio Decidendi

Plaintiff's consent to the Defendant relocating with T. to Ireland was open-ended and not conditionally limited in duration; both parties exercised joint parental responsibility and agreed to change T.'s habitual residence from England to Ireland. Therefore, T. was not habitually resident in England immediately before the alleged wrongful retention, and Article 12 of the Hague Convention does not apply.

Court Disposition

Application dismissed