Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court makes an order returning three-year-old to the care of the applicant, who is based in England, within seven days, on the grounds that: (1) nothing has been advanced that, on the balance of probabilities, the applicant had consented to the child’s relocation to Ireland on open-ended basis; and (2) there is no requirement for this court to embark on a “grave risk” defence when the English Courts are capable of protecting the interests of the child.
Family Law – Child Abduction and Enforcement of Custody Orders Act 1991 – Hague Convention – International Child Abduction 1980 – Special Summons – Article 3 of the Convention - child arrangement order was made in the Family Court sitting in London - extent of the applicant’s consent to the relocation of “A” to Ireland by the respondent after the birth of the second child - no clear and cogent evidence that the applicant has consented to the retention of “A” in Ireland by the respondent.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now