RP -v- SD [2012] IEHC 188 (09 May 2012)

RP -v- SD [2012] IEHC 188 (09 May 2012)

Given the child's age (approximately four years and eleven months) and maturity consistent with her chronological age, the court found it inappropriate to give her an opportunity to be heard under Article 11(2) as she is not, as a matter of probability, capable of forming her own views on matters of relevance to the proceedings.

Citation
[2012] IEHC 188
Parties
Applicant: RP; Respondent: SD
Jurisdiction
Ireland
Judgment Date
09 May 2012
Procedural Posture
Child Abduction Return Application Under Hague Convention and Council Regulation (ec) 2201/2003 / Interlocutory Application Under Article 11(2) of the Regulation
Outcome
Application refused
Legal Topics
International Child Abduction, Hague Convention, Council Regulation (ec) 2201/2003, Child's Right to Be Heard, Return of Child, Custody Orders
Family Law International Law Child Law International Child Abduction Hague Convention Council Regulation (ec) 2201/2003 Child's Right to Be Heard Return of Child +1 more

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Parties

RP

Applicant

SD

Respondent

Procedural Posture

Child Abduction Return Application Under Hague Convention and Council Regulation (ec) 2201/2003 / Interlocutory Application Under Article 11(2) of the Regulation

Legal Issues

  1. 1 Whether a child of nearly five years should be given an opportunity to be heard in Hague Convention return proceedings under Article 11(2) of Council Regulation (EC) 2201/2003

Ratio Decidendi

Given the child's age (approximately four years and eleven months) and maturity consistent with her chronological age, the court found it inappropriate to give her an opportunity to be heard under Article 11(2) as she is not, as a matter of probability, capable of forming her own views on matters of relevance to the proceedings.

Court Disposition

Application refused

Orders

  • Refusal of the respondent's application for the child to be given an opportunity to be heard under Article 11(2) of Council Regulation (EC) 2201/2003