C. (R.) v. S. (I.) [2003] IEHC 86 (11 November 2003)

C. (R.) v. S. (I.) [2003] IEHC 86 (11 November 2003)

A married parent who is a joint guardian, even if not the custodial parent, has 'rights of custody' within the meaning of Article 5 of the Hague Convention, including the right to decide jointly on the child's place of residence. The removal of the child from Ireland to Belgium without the applicant's consent or a court order was in breach of these rights and thus wrongful under Article 3 of the Convention.

Citation
[2003] IEHC 86
Parties
Applicant: R. C.; Respondent: I. S.
Jurisdiction
Ireland
Judgment Date
11 November 2003
Procedural Posture
Application Under Child Abduction and Enforcement of Custody Orders Act, 1991 and Article 15 of the Hague Convention / Judgment on Application for Declaration of Wrongful Removal
Outcome
Declaration granted
Legal Topics
Child Abduction, Custody Rights, Guardianship, Hague Convention, Wrongful Removal
Family Law International Law Child Abduction Custody Rights Guardianship Hague Convention Wrongful Removal

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Parties

R. C.

Applicant

I. S.

Respondent

Procedural Posture

Application Under Child Abduction and Enforcement of Custody Orders Act, 1991 and Article 15 of the Hague Convention / Judgment on Application for Declaration of Wrongful Removal

Legal Issues

  1. 1 Whether the removal of the child from Ireland to Belgium by the respondent was wrongful within the meaning of Article 3 of the Hague Convention
  2. 2 Whether the applicant (father) had 'rights of custody' within the meaning of the Convention at the time of removal

Ratio Decidendi

A married parent who is a joint guardian, even if not the custodial parent, has 'rights of custody' within the meaning of Article 5 of the Hague Convention, including the right to decide jointly on the child's place of residence. The removal of the child from Ireland to Belgium without the applicant's consent or a court order was in breach of these rights and thus wrongful under Article 3 of the Convention.

Court Disposition

Declaration granted

Orders

  • Declaration pursuant to Article 15 of the Hague Convention that the removal and retention of the child in Belgium was wrongful within the meaning of Article 3 of the Convention.