S.O. v A.B. (Child Abduction: Grave Risk) (Approved) [2024] IEHC 122 (12 February 2024)
The evidence presented by the respondent, including contemporaneous messages, medical and counselling notes, and exhibits, does not establish a grave risk to the children or respondent if returned to Germany. Allegations of violence and abuse are unsubstantiated and contradicted by exhibits. The threshold for grave risk under Article 13(b) is not met.
- Citation
- [2024] IEHC 122
- Parties
- Applicant: S. O.; Respondent: A. B.
- Jurisdiction
- Ireland
- Judgment Date
- 12 February 2024
- Procedural Posture
- Child Abduction Application Under Hague Convention / Final Judgment
- Outcome
- application granted
- Legal Topics
- Child Abduction, Grave Risk Defence, Custody, Hague Convention
Case Brief
Summary, issues, holding and outcome
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Parties
S. O.
Applicant
A. B.
Respondent
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Legal Issues
- 1 Whether the return of the children to Germany would expose them to grave risk of physical or psychological harm or place them in an intolerable situation under Article 13(b) of the Hague Convention
Ratio Decidendi
The evidence presented by the respondent, including contemporaneous messages, medical and counselling notes, and exhibits, does not establish a grave risk to the children or respondent if returned to Germany. Allegations of violence and abuse are unsubstantiated and contradicted by exhibits. The threshold for grave risk under Article 13(b) is not met.
Court Disposition
application granted
Orders
- Both children to be returned to Germany forthwith.
- Court will hear parties on undertakings and costs.
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