Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal upholds the High Court's decision not to order the return of a child to the United Kingdom, affirming the lower court's finding of a "grave risk" that such a return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The decision was based on a history of domestic abuse allegations, the father's previous convictions, and recent breaches of a non-molestation order, which demonstrated that protective measures in the UK might not sufficiently mitigate the risk to the child.
Hague Convention - Child Abduction and Enforcement of Custody Orders Act 1991 - grave risk defense - domestic abuse - non-molestation order - protective measures - custody rights - wrongful removal - psychological harm - intolerable situation - Article 13(b) - social services - police intervention - risk assessment - Court of Appeal - High Court - United Kingdom - Ireland.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now