G. (V.) v. McD. (P.) [2006] IEHC 69 (25 January 2006)

G. (V.) v. McD. (P.) [2006] IEHC 69 (25 January 2006)

The retention of the children in Ireland by the father at the end of October 2004 was wrongful under Article 3 of the Hague Convention because the children were habitually resident in England and Wales, the mother was exercising rights of custody, and the father retained the children without her consent. The father failed to prove that the mother acquiesced in the retention within the meaning of Article 13, so the court is bound to order the return of the children.

Citation
[2006] IEHC 69
Parties
Applicant: V. G.; Respondent: P. McD.
Jurisdiction
Ireland
Judgment Date
25 January 2006
Procedural Posture
Application Under the Hague Convention (child Abduction) / High Court Judgment
Outcome
Order for return of the children to England and Wales under Article 12 of the Hague Convention.
Legal Topics
Child Abduction, Hague Convention, Custody, Habitual Residence, Acquiescence
Family Law International Law Child Abduction Hague Convention Custody Habitual Residence Acquiescence

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Parties

V. G.

Applicant

P. McD.

Respondent

Procedural Posture

Application Under the Hague Convention (child Abduction) / High Court Judgment

Legal Issues

  1. 1 Whether the retention of the children in Ireland by the father was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the children were habitually resident in England and Wales at the time of retention
  3. 3 Whether the mother was exercising rights of custody at the time of retention

Ratio Decidendi

The retention of the children in Ireland by the father at the end of October 2004 was wrongful under Article 3 of the Hague Convention because the children were habitually resident in England and Wales, the mother was exercising rights of custody, and the father retained the children without her consent. The father failed to prove that the mother acquiesced in the retention within the meaning of Article 13, so the court is bound to order the return of the children.

Court Disposition

Order for return of the children to England and Wales under Article 12 of the Hague Convention.

Orders

  • Order for the return of the children to England and Wales, subject to a stay and further submissions on timing and undertakings.