R.B. v D.K. [2018] IEHC 728 (21 November 2018)

R.B. v D.K. [2018] IEHC 728 (21 November 2018)

The applicant proved on the balance of probabilities that the child's habitual residence remained in England and Wales until April 2018, and the respondent failed to establish consent for permanent relocation. Therefore, the retention of the child in Ireland was wrongful under the Hague Convention.

Citation
[2018] IEHC 728
Parties
Applicant: R. B.; Respondent: D. K.
Jurisdiction
Ireland
Judgment Date
21 November 2018
Procedural Posture
Hague Convention Child Abduction / Final Judgment
Outcome
Order for return of child to England and Wales; stay on execution pending appeal period.
Legal Topics
Habitual Residence, Wrongful Retention, Consent, Parental Responsibility
Family Law International Law Child Abduction Habitual Residence Wrongful Retention Consent Parental Responsibility

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R. B.

Applicant

D. K.

Respondent

Procedural Posture

Hague Convention Child Abduction / Final Judgment

Legal Issues

  1. 1 Where was the child's habitual residence at the relevant time?
  2. 2 Was there wrongful retention under the Hague Convention?
  3. 3 Did the applicant consent to the child's permanent relocation to Ireland?

Ratio Decidendi

The applicant proved on the balance of probabilities that the child's habitual residence remained in England and Wales until April 2018, and the respondent failed to establish consent for permanent relocation. Therefore, the retention of the child in Ireland was wrongful under the Hague Convention.

Court Disposition

Order for return of child to England and Wales; stay on execution pending appeal period.

Orders

  • Return of child to England and Wales under Hague Convention.
  • Stay on execution pending expiry of appeal time limit.