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. 

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused. The impact of a return on the Mother’s mental health would place the children in an intolerable situation.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. The children’s habitual residence was in the USA and the Father failed to make out the Article 13(1)(b) exception to return. 

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

Return ordered

Return ordered. The Mother’s assertions established the potential existence of a grave risk but this could be addressed and sufficiently ameliorated through protective measures. Furthermore, though W objected to returning and had attained an age and maturity at which it was appropriate to take into account his views, other factors outweighed these objections. 

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.