C v G (Child abduction (Poland): grave risk defence) (Approved) [2020] IEHC 217 (14 May 2020)

C v G (Child abduction (Poland): grave risk defence) (Approved) [2020] IEHC 217 (14 May 2020)

The court found that returning the child to Poland would expose him to a grave risk of physical and psychological harm due to the COVID-19 pandemic, the mother's medical condition, and the lack of a meaningful relationship with the father. The court held that the Article 13(b) defence was made out and exercised its...

Source-derived case information.

Citation
[2020] IEHC 217
Parties
Applicant: Z. C.; Respondent: A. G.
Jurisdiction
Ireland
Judgment Date
14 May 2020
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment at First Instance
Outcome
Application for return of child dismissed; return refused.
Legal Topics
International Child Abduction, Hague Convention 1980, Grave Risk Defence, Best Interests of the Child, Council Regulation (ec) 2201/2003, Child Custody
Family Law International Law International Child Abduction Hague Convention 1980 Grave Risk Defence Best Interests of the Child Council Regulation (ec) 2201/2003 Child Custody

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Summary, issues, holding and outcome

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Parties

Z. C.

Applicant

A. G.

Respondent

Procedural Posture

Child Abduction Application Under Hague Convention / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the return of the child to Poland would expose him to grave risk of physical or psychological harm or otherwise place him in an intolerable situation under Article 13(b) of the Hague Convention
  2. 2 Whether the best interests of the child require refusal of return
  3. 3 Whether the child objects to being returned and has sufficient maturity for his views to be considered

Ratio Decidendi

The court found that returning the child to Poland would expose him to a grave risk of physical and psychological harm due to the COVID-19 pandemic, the mother's medical condition, and the lack of a meaningful relationship with the father. The court held that the Article 13(b) defence was made out and exercised its discretion to refuse the return, concluding that the best interests of the child would not be served by ordering the return.

Court Disposition

Application for return of child dismissed; return refused.

Orders

  • Return of the child to Poland pursuant to the Hague Convention is refused.
  • No order as to costs unless submissions are made within 14 days.