The High Court has ordered two girls to return to England by 7 January 2021, after rejecting their mother’s arguments against their return under the Hague Convention on international child abduction.
The judgment, delivered by Ms Justice Mary Rose Gearty on 16 December 2020, concerns sisters identified as S and M. They were born in England, had lived there all their lives and were taken to Ireland by their mother between 29 May and 4 June 2020. Their father sought their return, saying he had not consented and was exercising custody rights. Those points, along with the girls’ habitual residence in England, were accepted.
The mother argued that returning the girls would expose them to grave risk or place them in an intolerable situation because interim care orders had been made in England and they were expected to enter foster care. She also relied on the girls’ objections to return and argued that the English proceedings offended fundamental principles protected by the Irish Constitution.
The court found insufficient evidence of grave risk, despite the expected foster placement. It said the English Family Court had been addressing the girls’ welfare through social workers, a guardian and psychological assessments, and was capable of protecting them. The Irish court said it could not decide the underlying custody and welfare dispute or interfere with the English proceedings.
The judgment records that both girls objected to being placed in care and preferred to remain in Ireland. The court found they were capable of expressing objections and sufficiently mature for their views to be considered. However, it said the reports suggested their views might be influenced by the parental conflict, and concluded that the objections did not justify refusing return.
The court also rejected the argument under Article 20 of the Convention. It found no basis to conclude that the English care proceedings or interim orders necessarily breached Irish constitutional principles, or that the girls would be denied a hearing in future proceedings. The court declined to use undertakings to resolve the matter, saying it could not predict or direct how the English court would respond.
The order requires the girls to be returned to England on or before 7 January 2021. The judgment makes clear that this was a decision about return under the Convention; it did not determine where the girls should ultimately live.