R.P -v- A.S [2012] IEHC 267 (29 June 2012)

R.P -v- A.S [2012] IEHC 267 (29 June 2012)

The father acquiesced in the retention of the child in Ireland by withdrawing his custody petition in the Slovak Republic while aware of the child's residence in Ireland, thus giving the court discretion under Article 13(a) of the Hague Convention. Given the significant lapse of time and the child's settled life in...

Source-derived case information.

Citation
[2012] IEHC 267
Parties
Applicant: R. P.; Respondent: A. S.
Jurisdiction
Ireland
Judgment Date
29 June 2012
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment in High Court
Outcome
Application for return of the child refused.
Legal Topics
International Child Abduction, Hague Convention, Custody Rights, Acquiescence, Jurisdiction Under Council Regulation (ec) 2201/2003
Family Law International Law International Child Abduction Hague Convention Custody Rights Acquiescence Jurisdiction Under Council Regulation (ec) 2201/2003

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Parties

R. P.

Applicant

A. S.

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment in High Court

Legal Issues

  1. 1 Whether the removal of the child from the Slovak Republic to Ireland was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the applicant father acquiesced in the removal or retention of the child in Ireland under Article 13(a) of the Hague Convention
  3. 3 Whether the court should exercise its discretion to order the return of the child to the Slovak Republic

Ratio Decidendi

The father acquiesced in the retention of the child in Ireland by withdrawing his custody petition in the Slovak Republic while aware of the child's residence in Ireland, thus giving the court discretion under Article 13(a) of the Hague Convention. Given the significant lapse of time and the child's settled life in Ireland, the court refused to order the child's return.

Court Disposition

Application for return of the child refused.

Orders

  • Order refusing the father's application for return of the child to the Slovak Republic under Article 13(a) of the Hague Convention.
  • Order pursuant to Article 11(6) of EC Regulation 2201/2003 to transmit judgment and relevant documents to the Slovak Central Authority and District Court.