The High Court has declared that a 12-year-old child was wrongfully removed from England to Ireland and ordered her return to the jurisdiction of the courts of England and Wales under the Hague Convention. The court said it would hear the parties on the form of the order and any undertakings required.
The father applied for the child’s return, alleging she was taken to Ireland during a supervised access visit on 2 May 2015. The mother, representing herself, opposed the application. She argued that return would expose the child to a grave risk of physical or psychological harm, that the child objected to returning, and that return would breach fundamental human rights protections.
The mother and child had made allegations of abuse against the father. The father denied them. The Irish court noted that earlier findings by an English judge included that the father had used disproportionate force in some incidents, while other allegations were not established. That judge had also found that the mother exposed the child to negative views about her father. A Garda investigation into later allegations had not been independently confirmed to the Irish court, though a social worker’s letter said the child had been interviewed.
Two psychologists interviewed the child about her views. Both reported that she objected to returning to England, citing alleged abuse and concerns that authorities there had not properly investigated her claims. The High Court found that she objected and had sufficient maturity for her views to be considered. But it had reservations about whether her views were formed independently, given concerns about her relationship with her mother. The court stressed that an objection did not automatically prevent a return order.
The judge concluded that the mother had not provided clear and compelling evidence that return would expose the child to grave risk. The court considered that UK authorities and courts had taken steps concerning the child’s welfare and could provide protection. It also rejected the mother’s human-rights argument, finding that UK authorities were subject to the Human Rights Act and had taken positive steps to protect the child’s welfare and rights.
The court dismissed the mother’s objection based on EU Regulation article 23, explaining that the proceedings were for return under the Convention, not enforcement proceedings. It also said the English and Welsh courts were the appropriate courts to hear any application to transfer custody and access issues under article 15.
The High Court declared the removal wrongful under the Hague Convention and Brussels II bis Regulation, and ordered the child’s return to the jurisdiction of the courts of England and Wales. The judge noted the father’s offer that the child could remain in the mother’s care if she returned voluntarily, and that he would not pursue or would withdraw abduction-related criminal proceedings. The judgment did not settle the final form of the order or any undertakings; the court said it would hear the parties on those matters.