Objections of the Child to a Return - Art. 13(2)

Return ordered

Settlement of the Child - Art. 12(2) | Objections of the Child to a Return - Art. 13(2) | Best Interests of the Child

Appeal dismissed, return ordered

Rights of Custody - Art. 3 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Best Interests of the Child

Appeal allowed, return refused

Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Interpretation of the Convention

Appeal dismissed, return ordered

Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return refused

Habitual Residence - Art. 3

Appeal allowed, return ordered

Habitual Residence - Art. 3 | Best Interests of the Child | Procedural Matters

Appeal allowed, return refused

Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2) | Best Interests of the Child

Application dismissed

Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. Though there was a grave risk to the mother and, indirectly the children, within the meaning of Article 13(1)(b), it was possible to put in place sufficient safeguards to mitigate that risk. 

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered. The Article 13(1)(b) exception was not made out and, though the children objected to returning to Ireland, the Judge did not exercise his discretion to order a return. To do so would be inappropriate given that the situation was caused by the mother’s wrongful conduct in removing the children.