The High Court has set the conditions under which a young child is to be returned from Ireland to Kansas following an earlier finding that the mother wrongfully removed the child from the United States.
Mr Justice Michael Twomey’s ruling of 11 February 2026 followed his earlier decision ordering the child’s return under the Hague Convention.
The mother proposed nine undertakings which she said should be required from the father before the return took place. They included payment for a replacement Green Card, $35,000 towards six months of maintenance and financial support, and requirements concerning furnishings such as a child’s bed, toys, buggy and highchair.
The High Court rejected that broader approach. It said undertakings in Hague Convention cases are intended to secure a child’s safe and practical return until the courts of the habitual residence can deal with welfare and maintenance issues. They are not intended to provide long-term solutions or replace the role of the local courts.
The judge also stressed that the earlier proceedings contained allegations by the mother and denials by the father, but no evidence establishing a risk to the child. There was also no evidence that courts in Kansas could not deal promptly with maintenance, childcare or any child-protection issue after the child returned.
The court accepted four undertakings from the father, with some extended from one month to three months. He must provide and pay for rental accommodation in Wichita for three months, pay $1,500 per month for three months towards the mother’s maintenance and childcare, refrain from reporting the wrongful removal to childcare services, police or US immigration authorities, and pay about €1,500 for reasonable flights from Dublin to Kansas.
The court refused to delay the return until proof of compliance was produced, finding no evidence that the father would break the undertakings.
Because the father did not seek costs, no costs order was made. A two-week stay was granted so the mother could appeal if she chose.