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Child taken to Ireland by mother should not be returned, appeal court rules
Summary
In a 2023 appeal, the Court of Appeal upheld a High Court judge's refusal to order the return of a young daughter to the UK, citing a grave risk of physical and psychological harm from her father. The mother, who had moved to Ireland with her pre‑school child in 2022 after alleging domestic violence, argued that English restraining orders would not prevent the father from taking the child. The father, who denied all allegations, sought a Hague Convention order to return the child. The Court, satisfied that the mother had proven a real and grave risk, dismissed the father's appeal and maintained the High Court's decision. The case highlighted the exceptional nature of the situation and the court's willingness to protect the child from potential harm.
Who, what, where, when and why
What: Report matter: Child taken to Ireland by mother should not be returned, appeal court rules. Procedural stage: appeal
When:
- 2023-04-28 Publication
Case subjects
Applicant
Places mentioned
- Court of Appeal
- High Court
Topics
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