High Court refuses to order the return of two children to the Czech Republic, despite the fact that they had been wrongfully removed by their mother, on the grounds that the applicant father had failed to provide details of where they would be living, or a source of income.
By special summons dated the 1st February, 2018, the applicant, the father of two children born in 2010 and 2013, seeks a declaration that the respondent, the mother of the children, wrongfully removed the children from the Czech Republic within the meaning of article 3 of The Hague Convention together with an order pursuant to article 12 of The Hague Convention for the return of the children to the Czech Republic - in the affidavit sworn by the solicitor on behalf of the applicant, it was stated that the children were removed to Ireland on the 22nd November, 2017 - mother alleged drug use by father - mother alleged that the applicant was not in any meaningful way exercising his rights of custody after their separation because he had failed to provide any financial support for the children since they separated in August 2017 or to provide for them in any other way, including accommodation - older child was assessed by clinical psychologist and family therapist - child stated that he preferred school here and did not want to see his father - psychologist came to the conclusion that on account of his age and shyness, the child was incapable of being able to reveal or articulate the adult reasons behind his current position - there was a wrongful removal within the meaning of article 3 of the Convention - submitted on behalf of the respondent mother that the objections of the child D.H. should lead the Court to exercise its discretion under article 13 to refuse to return the children - father did not give address of where he moved to when he left apartment - father did not attend Court - did not offer accommodation or income - children not ordered to be returned.