Objections of the Child to a Return - Art. 13(2) | Grave Risk - Art. 13(1)(b) | Aims of the Convention - Preamble, Arts 1 and 2

Return ordered

Return ordered. The children’s objections and Article 13(1)(b) exceptions to return were not established. Any welfare issues must be resolved by the home court in the Republic of Ireland. 

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

Return refused

Return refused. The Mother acquiesced to X’s removal; both children objected to being returned to France; and to return only Y would place him at grave risk of psychological harm as he would be separated from his sister.

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. The Court dismissed the exceptions based upon consent, acquiescence and Article 13(1)(b). In the circumstances it was for the Dutch courts to determine the child’s long term welfare.

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

Return ordered

Return ordered. Whilst the child objected to the return and was of an age and degree of maturity at which it was appropriate to take her views into account, the Court exercised its discretion to order a return. 

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

Return ordered

Return ordered. Whilst the Mother established that there was a grave risk of harm to the child within the meaning of Article 13(1)(b), the protective measures available in Slovakia and the undertakings offered by the Father were more than sufficient to protect him.

Return refused

Return refused. There was a grave risk that returning the child to Italy would expose her to physical or psychological harm or otherwise place her in an intolerable position for the purposes of Article 13(1)(b). This risk could not be adequately and effectively mitigated by protective measures. 

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

Return ordered

Return ordered. The Judge did not accept that it was likely that the mother would not return with the child and therefore did not find any grave risk of harm or intolerability caused by separation from the mother. 

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Grave Risk - Art. 13(1)(b)

Return refused

Return refused based on the objections of the older child and a grave risk of harm to the younger children should they be returned.

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

Return ordered

Return ordered. The protective measures were sufficient to ensure that a return to Italy would pose no grave risk to the child, within the meaning of Article 13(1)(b). 

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

Return refused

Return refused. Given the mother's vulnerable situation, a return to Spain would risk exposing the child to physical or psychological harm, or otherwise place her in an intolerable situation.