Courts / Ireland / Report

Children 'wrongfully retained' in Ireland by mother should be returned home, court rules

Summary

The Court of Appeal overturned a High Court ruling that two children, who had arrived in Ireland with their parents in 2021, were not wrongfully retained. The appellate panel, consisting of Justices Whelan, Ni Raifeartaigh and Power, held that the children had indeed been wrongfully retained by their mother, breaching the father's custody rights, and should be returned to their country of birth. The High Court had dismissed the father's application under the Hague Convention, finding that the mother's retention was not wrongful and that the father had consented to the children remaining in Ireland. The Court of Appeal noted that the father had not truly consented, citing a brief, pressured text message in 2022 that was not clear or unambiguous. The appellate court ordered the children's return, subject to the father's undertaking to pay for their journey home and to allow the mother to reside with them at the family home if she wished to return.

Who, what, where, when and why

What: Report matter: Children 'wrongfully retained' in Ireland by mother should be returned home, court rules. Procedural stage: appeal

When:

• May 2022 Hearing Or Sentence
• March 2022 Hearing Or Sentence
• 2024-02-23 Publication

Places mentioned

Topics

Stage Appeal

Read the original CNI report