The High Court has ordered a teenage boy to be returned from Ireland to England despite finding that he objected to going back.
Ms Justice Nuala Jackson ruled that the boy, identified only as R, had been wrongfully removed from England by his father without his mother’s consent. The court directed that his return take place no later than February 21, 2026.
R had lived in England throughout his life before coming to Ireland in 2025. His parents separated in 2024. The court found that his mother continued to exercise custody rights and had not agreed to his removal.
The father sought to resist return on grounds of grave risk and the child’s objections. The judge rejected the grave-risk defence, finding that the evidence did not approach the threshold required under the Hague Convention.
R, who was close to 16, was assessed as intelligent, articulate and capable of forming his own views. The court accepted that he objected to returning, largely because he did not want to live with his mother.
However, that objection was not decisive. Ms Justice Jackson considered evidence of risk-taking behaviour, including drug use, concerns about the father’s alleged drug and alcohol use, poor school attendance in Ireland and missed medical follow-up after R had suffered a fractured arm.
The court also noted that R’s siblings remained in England, that social services there had already assessed the family and that the English courts had arrangements for an early hearing after his return. His previous school had confirmed that a place remained available.
The judge said R required “attuned, vigilant and engaged parenting” and concluded that his overall circumstances favoured return.
The court also directed that the assessor’s report recording R’s views be made available to any court dealing subsequently with parental responsibility or child arrangements.