Child to be returned to Ukraine despite war

Family law – child abduction – Hague Convention – during an access visit mother brought her child from Ukraine to Ireland – father did not consent - mother relies on a resolution which gives explicit permission to a parent to cross the Ukrainian border without notarised consent from the other parent - argues that the fact that Ukraine is at war with Russia amounts to a defence of grave risk even if the removal was wrongful - risk of physical injury and at risk of serious psychological harm if she was returned to her home city, given the daily siren alerts and missile attacks on various targets of strategic importance in the region - objectives of the Hague Convention - issues in dispute here all arise out of the fact that Ukraine is at war - legitimate expectation - Temporary Protection Directive, as implemented here in the International Protection Act of 2015 - wrongful removal – resolution - Ukrainian Law - Hague Convention - Court is satisfied that the child was habitually resident in Ukraine at the time of her removal, that her removal was in breach of the Applicant’s custody rights and that he was exercising his custody rights at the relevant time – grave risk to the child – little sign of integration – separate from her siblings - better course to return this child to her father and her family in Ukraine - Article 20: Fundamental Freedoms - no suggestion or basis for finding that her rights or freedoms would not be protected by a return order - international obligations on this Court, taking the relevant Ukrainian laws into account, require that the child be returned - views of the child and best interests of the child - showed no preference about which parent she wanted to live with or near - deeply affected by this separation from her father and from her family – Court orders child to be returned to Ukraine