Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Court declines to impose extensive undertakings ahead of child’s return under Hague Convention
|
or click here to request site subscription to search and view all judgments |
The High Court considered the nature and extent of undertakings required when ordering the return of a child from Ireland to the United States under the Hague Convention on International Child Abduction. The court rejected the mother's request for extensive undertakings by the father, reasoning that such conditions would improperly usurp the jurisdiction of local courts in the child's country of habitual residence. Instead, the court ruled that only interim undertakings were appropriate, extending their duration to three months to support the mother and child upon their return and to cover necessary relocation expenses. The judgment emphasised that further welfare or maintenance matters should be addressed by the local courts. No order as to costs was made, and a two-week stay on the order was granted to allow for a possible appeal.
Child abduction – Enforcement of custody orders – Hague Convention on International Child Abduction – Return of child – Undertakings – Jurisdiction of local courts – Habitual residence – Interim support – Maintenance – Relocation expenses – Parent"s consent – Judicial discretion – Stay of order – High Court
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.
