W.W. v D.D. (Child abduction: Habitual Residence, Exercise of Custody Rights, Grave Risk, Views of the Child) (Approved) [2023] IEHC 443 (03 July 2023)
Hans was habitually resident in Germany at the time of removal; the Applicant was exercising custody rights; no grave risk was established; the child's views were heavily influenced by the Respondent and do not outweigh the Convention's objectives; return to Germany is ordered.
- Citation
- [2023] IEHC 443
- Parties
- Applicant: W. W.; Respondent: D. D.
- Jurisdiction
- Ireland
- Judgment Date
- 03 July 2023
- Procedural Posture
- Child Abduction Under Hague Convention / Final Judgment
- Outcome
- Application granted; return of the child ordered.
- Legal Topics
- Child Abduction, Habitual Residence, Exercise of Custody Rights, Grave Risk Exception, Views of the Child
Case Brief
Summary, issues, holding and outcome
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Parties
W. W.
Applicant
D. D.
Respondent
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment
Legal Issues
- 1 Was Hans habitually resident in Germany at the time of removal?
- 2 Was the Applicant exercising custody rights at the relevant time?
- 3 Is there a grave risk to Hans if returned to Germany?
Ratio Decidendi
Hans was habitually resident in Germany at the time of removal; the Applicant was exercising custody rights; no grave risk was established; the child's views were heavily influenced by the Respondent and do not outweigh the Convention's objectives; return to Germany is ordered.
Court Disposition
Application granted; return of the child ordered.
Orders
- Hans to be returned to Germany with the Respondent.
- Court to hear parties on facilitation and undertakings for return.
Full Case Text
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