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The High Court has refused an application for the return of a child to a non-EU country, citing grave risk to the child's psychological well-being due to allegations against the father of domestic violence and rape. The court found that the child's primary caregiver, the mother, would likely face serious physical and psychological harm if returned, which would in turn harm the child. The court also noted the unusual involvement of social services in assisting the mother's departure to Ireland, the father's history of violent offending, and his continued threatening behavior despite legal constraints. Additionally, the birth of a sibling in Ireland, who has no connection to the father or the non-EU country, further supported the decision to prevent the separation of siblings.
Hague Convention, grave risk, domestic violence, rape allegations, psychological harm, child welfare, non-return order, social services involvement, primary caregiver, sibling relationship, Ireland, non-EU country, custody rights, parental abduction, settlement defense, acquiescence, delay in proceedings, best interests of the child.
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.
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