O'r v. O'r [2002] ScotCS 124 (3rd May, 2002)

O'r v. O'r [2002] ScotCS 124 (3rd May, 2002)

The removal of the children by the respondent was wrongful under Article 3 of the Hague Convention because both the petitioner and the District Court at Tralee had rights of custody at the time of removal, and those rights were being exercised. The respondent's defences that the petitioner had not exercised custody rights and that return would expose the children to grave risk of harm were not established. The petition for return of the children to Ireland was granted.

Citation
[2002] ScotCS 124
Parties
Petitioner: O'R; Respondent: O'R
Jurisdiction
Scotland
Procedural Posture
Petition Under Child Abduction and Custody Act 1985 (hague Convention) / First Hearing, Outer House, Court of Session
Outcome
Petition granted
Legal Topics
International Child Abduction, Custody Rights, Hague Convention, Wrongful Removal, Return of Children
Family Law International Law International Child Abduction Custody Rights Hague Convention Wrongful Removal Return of Children

Case Brief

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Parties

O'R

Petitioner

O'R

Respondent

Procedural Posture

Petition Under Child Abduction and Custody Act 1985 (hague Convention) / First Hearing, Outer House, Court of Session

Legal Issues

  1. 1 Whether the removal of the children from Ireland to Scotland by the respondent was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the petitioner and/or the Irish court had rights of custody at the time of removal
  3. 3 Whether those rights were being exercised

Ratio Decidendi

The removal of the children by the respondent was wrongful under Article 3 of the Hague Convention because both the petitioner and the District Court at Tralee had rights of custody at the time of removal, and those rights were being exercised. The respondent's defences that the petitioner had not exercised custody rights and that return would expose the children to grave risk of harm were not established. The petition for return of the children to Ireland was granted.

Court Disposition

Petition granted

Orders

  • Case put out By Order for arrangements to be made for the return of the children to Ireland