W.B v S. McC & Anor (Approved) [2021] IEHC 380 (04 May 2021)

W.B v S. McC & Anor (Approved) [2021] IEHC 380 (04 May 2021)

The child Bill remained habitually resident in England as both parents only consented to a temporary stay in Ireland. The applicant was exercising custody rights, evidenced by access arrangements and parental involvement. The respondents failed to prove acquiescence in a permanent change of residence or that the applicant was not exercising custody rights. No grave risk or well-settled defence was established. The Hague Convention requires return to the country of habitual residence unless a defence is proven, which was not the case here.

Citation
[2021] IEHC 380
Parties
Applicant: W. B.; Respondent: S. McC.; Respondent: Another (Respondent Aunt)
Jurisdiction
Ireland
Judgment Date
04 May 2021
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment
Outcome
Application granted; child to be returned to England.
Legal Topics
International Child Abduction, Custody Rights, Habitual Residence, Hague Convention, Acquiescence, Grave Risk, Well Settled Child
Family Law International Law International Child Abduction Custody Rights Habitual Residence Hague Convention Acquiescence Grave Risk +1 more

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Parties

W. B.

Applicant

S. McC.

Respondent

Another (Respondent Aunt)

Respondent

Procedural Posture

Child Abduction Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Was the child habitually resident in England at the time of removal or retention?
  2. 2 Was the applicant exercising custody rights at the relevant times?
  3. 3 Did the applicant acquiesce in the removal or retention?

Ratio Decidendi

The child Bill remained habitually resident in England as both parents only consented to a temporary stay in Ireland. The applicant was exercising custody rights, evidenced by access arrangements and parental involvement. The respondents failed to prove acquiescence in a permanent change of residence or that the applicant was not exercising custody rights. No grave risk or well-settled defence was established. The Hague Convention requires return to the country of habitual residence unless a defence is proven, which was not the case here.

Court Disposition

Application granted; child to be returned to England.

Orders

  • The respondents are ordered to return Bill, the minor, to England forthwith.
  • Any ancillary orders to facilitate the return, including coordination with social services, are to be made as necessary.