M. (T.M.) v. D. (M.) [1999] IEHC 88 (20th January, 1999)

M. (T.M.) v. D. (M.) [1999] IEHC 88 (20th January, 1999)

The court found that the mother retained legal custody and did not acquiesce in the removal, but that returning the children to England would pose a grave risk of physical and psychological harm and place them in an intolerable situation, particularly given the mother's history of alcoholism, instability, and the...

Source-derived case information.

Citation
[1999] IEHC 88
Parties
Plaintiff: T. M. M.; Defendant: M. D.
Jurisdiction
Ireland
Procedural Posture
Child Abduction Application Under the Child Abduction and Enforcement of Custody Orders Act 1991 and the Hague Convention / Judgment on Application for Return of Children
Outcome
application refused
Legal Topics
Child Abduction, Custody, The Hague Convention, Welfare of the Child
Family Law International Law Child Abduction Custody The Hague Convention Welfare of the Child

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Summary, issues, holding and outcome

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Parties

T. M. M.

Plaintiff

M. D.

Defendant

Procedural Posture

Child Abduction Application Under the Child Abduction and Enforcement of Custody Orders Act 1991 and the Hague Convention / Judgment on Application for Return of Children

Legal Issues

  1. 1 Whether the removal of the children from England to Ireland was wrongful under The Hague Convention
  2. 2 Whether the mother acquiesced in the removal
  3. 3 Whether there is a grave risk that return would expose the children to harm or intolerable situation under Article 13 of The Hague Convention

Ratio Decidendi

The court found that the mother retained legal custody and did not acquiesce in the removal, but that returning the children to England would pose a grave risk of physical and psychological harm and place them in an intolerable situation, particularly given the mother's history of alcoholism, instability, and the child's sincere objections.

Court Disposition

application refused

Orders

  • Refusal of the orders sought in the Special Summons for return of the children to England.
  • Encouragement to proceed with wardship proceedings in Ireland for a full determination of custody and welfare.