Case No. 21748Family law (international child abduction, Hague Convention) · Co. Dublin

High Court refuses Hague Convention child return application in Dublin

A father's application under the Hague Convention for the return of his daughter to an eastern European country was refused by the Dublin High Court in March 2023. The family, comprising the father, mother and their child, moved to Ireland in 2021, with the father returning to their home country two months later. The mother said the family came to seek employment with a view to staying, and the father conceded they did not book return tickets and the move was open-ended. Ms Justice Mary Rose Gearty found the father had consented to the move and that the child, who was enrolled in a school and speaking English, was habitually resident in Ireland.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court27 Mar
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • A father applied under the Hague Convention for the return of his daughter to an eastern European country.
  • The mother claimed the family moved to Ireland to seek employment with a view to staying.
  • The father conceded the family did not book return tickets and the move was open-ended.
  • A going-away party was held for the family in their home country.
  • The child told an independent assessor she did not want to return to her home country.
  • The daughter was enrolled in a school and speaking English.
Where
The case was heard in the Dublin High Court.
When
The family came to Ireland in 2021 and the father returned to their home country two months later.
In court
  • Ms Justice Mary Rose Gearty refused the application, finding the father had consented to the move and the child was habitually resident in Ireland.
  • The judge described the father as demonstrably unreliable and ruled he was not entitled to an order returning the child.
10 statements extracted from the articles
  • whatThe mother claimed the family moved to Ireland to seek employment with a view to staying. (irishtimes.com)
  • whatThe father conceded the family did not book return tickets and the move was open-ended. (irishtimes.com)
  • whatA going-away party was held for the family in their home country. (irishtimes.com)
  • whatThe child told an independent assessor she does not want to return to her home country. (irishtimes.com)
  • whatThe daughter was enrolled in an Irish school and speaking English. (irishtimes.com)
  • whenThe father, mother and their child came to Ireland in 2021. (irishtimes.com)
  • whenThe father returned to their home country two months after arriving in Ireland. (irishtimes.com)
  • courtThe application was made under the Hague Convention on the Civil Aspects of International Child Abduction. (irishtimes.com)
  • courtMs Justice Mary Rose Gearty refused the application. (irishtimes.com)
  • courtThe judge ruled the father is not entitled to an order returning the child. (irishtimes.com)

The reporting

newest first
  1. 27 Mar2023
    Father not entitled to order for return of child to home country, court rules

    Reports the High Court ruling refusing the father's application for the return of his daughter, finding he consented to the family's move to Ireland and the child was habitually resident here.

    victim, male, non-irish (judged from name)accused, female, non-irish (judged from name)victim, female, non-irish (judged from name)