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Ruling upheld in child abduction case

Summary

The Court of Appeal upheld a lower court's ruling that a young girl, taken by her mother to Ireland, must be returned to the EU country where she previously lived after her father applied for child abduction under the Hague Agreement. The father claimed the move was without his consent, while the mother argued that she and the girl had moved to Ireland exercising EU freedom of movement rights and that the father had consented. The High Court had already ruled in favour of the father, ordering the girl's return to her habitual residence. The mother appealed, alleging the High Court hearing was unfair and unconstitutional, citing an expert report that questioned the child's reliable statements. The Court of Appeal dismissed all appeal grounds, declined to refer the case to EU courts, and affirmed the order directing the child's return. The decision was made by Justices Binchy, Pilkington and Allen.

Who, what, where, when and why

What: Report matter: Ruling upheld in child abduction case. Procedural stage: appeal

When:

• 2023-06-23 Publication

Case subjects

Places mentioned

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Stage Appeal

Read the original CNI report