KR and SR, Re [2007] NICA 50 (03 December 2007)

KR and SR, Re [2007] NICA 50 (03 December 2007)

There is no clear and compelling evidence of a grave risk of harm to the children if returned to Slovakia. The children's genuine objections do not constitute wholly exceptional circumstances to override the Convention's purpose and the father's Article 8 rights. The appeal is dismissed and the return order affirmed.

Citation
[2007] NICA 50
Parties
Plaintiff/appellant: JR; Defendant/respondent: SIR
Jurisdiction
Northern Ireland
Judgment Date
03 December 2007
Procedural Posture
Child Abduction Appeal / Appeal From High Court Decision
Outcome
appeal dismissed
Legal Topics
Child Abduction, Custody, Hague Convention, Children's Views, Grave Risk Exception, ECHR Article 8
Family Law International Law Human Rights Child Abduction Custody Hague Convention Children's Views Grave Risk Exception +1 more

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Parties

JR

Plaintiff/appellant

SIR

Defendant/respondent

Procedural Posture

Child Abduction Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether there is a grave risk of psychological or physical harm to the children if returned to Slovakia under Article 13(b) of the Hague Convention
  2. 2 Whether the children's objections and maturity justify refusal to return under Article 13
  3. 3 Whether the father's Article 8 ECHR rights are infringed by refusal to return

Ratio Decidendi

There is no clear and compelling evidence of a grave risk of harm to the children if returned to Slovakia. The children's genuine objections do not constitute wholly exceptional circumstances to override the Convention's purpose and the father's Article 8 rights. The appeal is dismissed and the return order affirmed.

Court Disposition

appeal dismissed

Orders

  • Order of Morgan J affirmed
  • Return of children KR and SR to Slovakia