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Child Abduction High Court Judge orders that child can stay in Ireland

Child Abduction High Court Judge orders that child can stay in Ireland

By kwsols
Thursday, 3rd September 2015
Filed under:

Child Abduction - wrongful removal of child from US to Ireland 
The father of a 7 year old child who was born in the US, who was divorced in the US courts. The US court had ruled that the mother should have custody of their child. The dad had a history of drug abuse and his access had to be supervised. The 7 year old child was habitually resident in the US at the time of the alleged wrongful removal by the mother to Ireland in October 2011. The mother claimed that the father encouraged her to move to Ireland to avoid having to pay maintenance.  

The Court case took place in the High Court in Dublin and it was decided that the father had not given unequivocal consent to the mother to allow her to relocate the child to Ireland, but  the 7 years old child was found to be sufficiently mature to form a view that he does not wish to return to the US. Judge O'Hanlon decided that it was in the best interests of the child that the HIgh Court refuses the order sought. The result is that the mother and child can remain in Ireland.

It is not clear whether this decision was appealed. 

F (F) v C B 
High Court, O’Hanlon J, 14/7/2015, [2015] IEHC 541, 2015/4HLC 

 

For further details or queries in relation to international or national child abduction, recognition of foreign divorce or other orders in the Irish Courts contact Keith Walsh, keith@kwsols.ie or 01 4554723