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Judge orders return of two children wrongfully taken from home country

Summary

In a High Court decision, Justice Mary Rose Gearty ordered that two children, who had been taken from their home EU country to Ireland by their mother, be returned to that country. The judge rejected the mother's claim that one child would be at grave risk of self‑harm if returned, noting that any relocation must have the consent of both parents. The children had been subject to family‑law proceedings in their home country following the parents' separation, and the father had applied under the Hague Convention for their return. The mother had opposed the application, citing the child's alleged risk, but the judge found no evidence that the child's risk was recognised in the home country's courts. The judge concluded that, despite the child's expressed unhappiness and references to self‑harm, the evidence was insufficient to justify keeping the children in Ireland, and therefore both must be returned to their habitual residence.

Who, what, where, when and why

What: Report matter: Judge orders return of two children wrongfully taken from home country. Procedural stage: hearing_or_decision

When:

• 2023-01-13 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report