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Insufficient evidence of ‘grave risk’ to child if returned to Northern Ireland
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High Court grants order to return a 5-year-old child to Northern Ireland, after the mother had removed her to the State in July 2022, on the grounds that: (a) custody had been awarded to the father by the courts of Northern Ireland, following extensive hearings and professional reports; (b) the mother had failed to provide 'clear and compelling evidence' of a 'grave risk' to the child from the father if returned to Northern Ireland; and (c) there was extensive evidence in reports from various professionals that the mother had been hostile and aggressive to social workers, and this was likely to be damaging to the child.
Child abduction - application by father for return of daughter - defence of 'grave risk' - alleged psychological harm to daughter by reason of drug abuse and neglect - custody proceedings in Northern Ireland - objectives of Hague Convention - whether risk that return of child would expose her to physical or psychological harm - whether 'clear and compelling evidence' of grave risk - custody of child granted to father in 2021 by courts of Northern Ireland - supervised access for mother - habitually resident in Northern Ireland prior to removal in July 2022 - reports concerning parenting - description of mother as 'manipulative and controlling, unpredictable, hostile and threatening towards Social Workers and other professionals' - diagnosis of hypomania.
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