High Court, in Hague Convention proceedings brought by an applicant mother following the removal of her 13-year-old son to this jurisdiction from Northern Ireland, takes into account the child's views and orders that a stay be put on his return to Northern Ireland pending the father commencing proceedings in that jurisdiction to decide on the child's permanent location, in circumstances where the child's independent view was that he firmly desired to stay in this jurisdiction with his father.
Application for the return of a child from this jurisdiction to Northern Ireland pursuant to Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) and pursuant to the provisions of Council Regulation (EC) No. 2201/2003 - 13 year old male child - parents were married who separated in 2008 and divorced in 2018 - child lived with his mother in Northern Ireland - father has re-married and lives in this jurisdiction - child on 24th May, 2019, went to his father for weekend access in this jurisdiction but failed to return to Northern Ireland - child was interviewed by a child psychologist prior to the hearing - number of factual matters in dispute in the affidavits - child has significant difficulties with school-learning - child has love of sports and plays rugby - child objects to his return - child's habitual residence has always been Northern Ireland - mother has not acquiesced in the child's removal - no grave risk to child - child’s objection pursuant to Article 13 of the Convention - three-pronged test for child's objection - Judge spoke to child in chambers - child was firm in view that he wished to stay with his father and therefore child has objection to returning to Northern Ireland - psychologist opined that child was presenting as younger in his years due to abuse - views are child's own - courts discretion - Article 11 (6)-(8) of Council Regulation (EC) No. 2201/2003 means that if this court were to decide not to return him to Northern Ireland, the question of his long-term custody and welfare will go back to the courts Northern Ireland in any event under the procedure laid down in those sub-sections - order that the child be returned with a stay upon the order of 14 days upon the undertaking of the father to initiate proceedings in Northern Ireland within that time - issue of extending stay to be revisited.