RA v DA [2012] NIFam 9 (16 November 2012)

RA v DA [2012] NIFam 9 (16 November 2012)

There is no compelling evidence of grave risk of harm or intolerable situation for the child upon return to Malta. The child's objection is not sufficiently strong or mature to override the Convention's purpose. Protective measures and undertakings by the father ensure the child's welfare. The order for return is made pursuant to Article 12 of the Hague Convention.

Citation
[2012] NIFam 9
Parties
Applicant: RA; Respondent: DA
Jurisdiction
Northern Ireland
Judgment Date
16 November 2012
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Order for return of the child to Malta granted.
Legal Topics
Child Abduction, Wrongful Retention, Custody, Hague Convention, Grave Risk of Harm, Child's Objection
Family Law International Law Child Abduction Wrongful Retention Custody Hague Convention Grave Risk of Harm Child's Objection

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Parties

RA

Applicant

DA

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the child should be returned to Malta under Article 12 of the Hague Convention due to wrongful retention
  2. 2 Whether there is a grave risk of harm or intolerable situation under Article 13(b)
  3. 3 Whether the child's objection to return is sufficient to prevent return

Ratio Decidendi

There is no compelling evidence of grave risk of harm or intolerable situation for the child upon return to Malta. The child's objection is not sufficiently strong or mature to override the Convention's purpose. Protective measures and undertakings by the father ensure the child's welfare. The order for return is made pursuant to Article 12 of the Hague Convention.

Court Disposition

Order for return of the child to Malta granted.

Orders

  • Father to pay for flight tickets for mother and child to Malta, subject to future recovery in matrimonial proceedings.
  • Father to provide access to mother three times per week on school days and each Saturday and Sunday pending Maltese Court decision.