AB (A Minor), In the Matter Of (Rev1) [2023] NIFam 4 (24 February 2023)

AB (A Minor), In the Matter Of (Rev1) [2023] NIFam 4 (24 February 2023)

The defendant failed to prove consent, acquiescence, or grave risk under Article 13 of the Hague Convention. Protective measures in Switzerland are adequate. The court may make a return order but cannot implement it until the asylum proceedings are concluded.

Citation
[2023] NIFam 4
Parties
Applicant: CD; Respondent: EF; Official Solicitor: Ms Murphy BL
Jurisdiction
Northern Ireland
Judgment Date
24 February 2023
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment
Outcome
Return order granted but implementation stayed pending asylum determination.
Legal Topics
Child Abduction, Custody, Hague Convention, Asylum, Jurisdiction
Family Law International Law Child Abduction Custody Hague Convention Asylum Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

CD

Applicant

EF

Respondent

Ms Murphy BL

Official Solicitor

Procedural Posture

Child Abduction Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the removal and retention of AB was wrongful under the Hague Convention
  2. 2 Whether consent or acquiescence by the plaintiff was established
  3. 3 Whether grave risk to AB exists if returned to Switzerland

Ratio Decidendi

The defendant failed to prove consent, acquiescence, or grave risk under Article 13 of the Hague Convention. Protective measures in Switzerland are adequate. The court may make a return order but cannot implement it until the asylum proceedings are concluded.

Court Disposition

Return order granted but implementation stayed pending asylum determination.

Orders

  • Declaration that removal of AB was wrongful under Article 3 of the Hague Convention.
  • Declaration that Northern Ireland courts lack jurisdiction over parental responsibilities for AB.