RP -v- LN [2015] IEHC 475 (24 July 2015)

RP -v- LN [2015] IEHC 475 (24 July 2015)

CP was wrongfully removed from the United Kingdom within the meaning of Article 3 of the Hague Convention. The respondent failed to establish grave risk under Article 13(b) or that protective measures in the UK would be inadequate. CP's objections were considered but found not to be independently formed or sufficiently compelling to override the mandatory return. Article 20 was not engaged as no breach of fundamental human rights was established. The Irish High Court has a mandatory duty to order the return of CP to the United Kingdom under Article 12 of the Hague Convention.

Citation
[2015] IEHC 475
Parties
Applicant: R. P.; Respondent: L. N.
Jurisdiction
Ireland
Judgment Date
24 July 2015
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Outcome
application granted
Legal Topics
Hague Convention, Brussels II Regulation, Wrongful Removal, Grave Risk Exception, Child's Objections, Recognition and Enforcement of Custody Orders
Family Law International Law Child Abduction Hague Convention Brussels II Regulation Wrongful Removal Grave Risk Exception Child's Objections +1 more

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Parties

R. P.

Applicant

L. N.

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Was CP wrongfully removed from the United Kingdom within the meaning of Article 3 of the Hague Convention?
  2. 2 Should the Irish High Court order the return of CP to the United Kingdom under Article 12 of the Hague Convention?
  3. 3 Does the grave risk exception under Article 13(b) of the Hague Convention apply?

Ratio Decidendi

CP was wrongfully removed from the United Kingdom within the meaning of Article 3 of the Hague Convention. The respondent failed to establish grave risk under Article 13(b) or that protective measures in the UK would be inadequate. CP's objections were considered but found not to be independently formed or sufficiently compelling to override the mandatory return. Article 20 was not engaged as no breach of fundamental human rights was established. The Irish High Court has a mandatory duty to order the return of CP to the United Kingdom under Article 12 of the Hague Convention.

Court Disposition

application granted

Orders

  • CP to be returned forthwith to the jurisdiction of the Courts of England and Wales pursuant to Article 12 of the Hague Convention
  • Declaration that CP was wrongfully removed within the meaning of Article 3 of the Hague Convention