V.R. -v- C.O'N. [2018] IEHC 316 (16 April 2018)

V.R. -v- C.O'N. [2018] IEHC 316 (16 April 2018)

The evidence did not establish, on the balance of probabilities, that the father's visa difficulties would create a grave risk or intolerable situation for the child under Article 13(b) of the Hague Convention. The child has always lived in Australia with his mother, the primary carer, and the father's access difficulties are not insurmountable. Article 20 is not engaged. The order for return is made.

Citation
[2018] IEHC 316
Parties
Applicant: V. R.; Respondent: C. O'N.
Jurisdiction
Ireland
Judgment Date
16 April 2018
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Order for return of child to Australia granted
Legal Topics
Hague Convention, Child Custody, International Child Abduction, Visa and Immigration Issues, Article 13(b) Defence, Article 20 Defence, Best Interests of the Child
Family Law International Law Child Abduction Hague Convention Child Custody International Child Abduction Visa and Immigration Issues Article 13(b) Defence +2 more

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Parties

V. R.

Applicant

C. O'N.

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the father's visa difficulties constitute a grave risk or intolerable situation under Article 13(b) of the Hague Convention
  2. 2 Whether Article 20 of the Hague Convention prohibits return
  3. 3 Whether the best interests of the child require non-return

Ratio Decidendi

The evidence did not establish, on the balance of probabilities, that the father's visa difficulties would create a grave risk or intolerable situation for the child under Article 13(b) of the Hague Convention. The child has always lived in Australia with his mother, the primary carer, and the father's access difficulties are not insurmountable. Article 20 is not engaged. The order for return is made.

Court Disposition

Order for return of child to Australia granted

Orders

  • Child to be returned to Australia
  • Mother to support father's visa application for access