OP v GL (Hague Convention: Article 13 acquiescence, grave risk, child's objections) (Rev1) [2025] NICA 55 (12 November 2025)

OP v GL (Hague Convention: Article 13 acquiescence, grave risk, child's objections) (Rev1) [2025] NICA 55 (12 November 2025)

The appeal was dismissed because the appellant had acquiesced to the children remaining in Northern Ireland, as evidenced by contemporaneous communications, a draft order, and subsequent conduct. This acquiescence was clear, unequivocal, and communicated to the respondent and the court. Although the grave risk exception was not fully established due to incomplete analysis of protective measures, the evidence of domestic abuse and the children’s objections further supported refusal of the return order. The establishment of any one exception under Article 13 was sufficient to refuse the return.

Citation
[2025] NICA 55
Parties
Plaintiff/appellant: OP; Defendant/respondent: GL; Other: Children (interests represented)
Jurisdiction
Northern Ireland
Judgment Date
12 November 2025
Procedural Posture
Appeal (child Abduction and Custody Act 1985, Hague Convention) / Appeal From High Court (family Division) to Court of Appeal, Judgment on Appeal
Outcome
Appeal dismissed; return order refused.
Legal Topics
International Child Abduction, Hague Convention, Acquiescence, Grave Risk Exception, Child's Objections, Protective Measures, Summary Return
Family Law International Law International Child Abduction Hague Convention Acquiescence Grave Risk Exception Child's Objections Protective Measures +1 more

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Parties

OP

Plaintiff/appellant

GL

Defendant/respondent

Children (interests represented)

Other

Procedural Posture

Appeal (child Abduction and Custody Act 1985, Hague Convention) / Appeal From High Court (family Division) to Court of Appeal, Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant acquiesced to the children remaining in Northern Ireland under Article 13(1)(a) of the Hague Convention
  2. 2 Whether there is a grave risk of physical or psychological harm or intolerable situation under Article 13(1)(b)
  3. 3 Whether the objections of the children to return are valid under Article 13

Ratio Decidendi

The appeal was dismissed because the appellant had acquiesced to the children remaining in Northern Ireland, as evidenced by contemporaneous communications, a draft order, and subsequent conduct. This acquiescence was clear, unequivocal, and communicated to the respondent and the court. Although the grave risk exception was not fully established due to incomplete analysis of protective measures, the evidence of domestic abuse and the children’s objections further supported refusal of the return order. The establishment of any one exception under Article 13 was sufficient to refuse the return.

Court Disposition

Appeal dismissed; return order refused.

Orders

  • No return order under the Child Abduction and Custody Act 1985/Hague Convention; children to remain in Northern Ireland.
  • Existing injunction against appellant remains in force.