A mother who abducted her son has been ordered by the High Court to return him to Ireland, where his father resides.

Background of the Case

The couple married in Ireland in 2019, and their son, referred to only as A, was born in 2021. Six months after A’s birth, the couple separated. The father consented to A living with his mother, provided he could have regular contact, which initially worked well. However, the mother later withdrew contact, prompting the father to take legal action in Ireland.

Legal Actions and Relocation

The Irish Court ordered that the father should have contact with A every Wednesday and every second Saturday to Sunday. In July 2023, the mother moved to England with A without informing the father or obtaining his consent. The father then applied to the English courts for his son’s return under the Hague Convention.

Claims of Abuse

The mother claimed that the father had been abusive towards her and that returning A to Ireland would expose him to physical or psychological harm. She stated that there was nowhere she could live in Ireland without the father finding her and that she needed counselling due to the trauma caused by the father.

Evidence and Court’s Decision

The father provided evidence from a contact centre report indicating he was “child-centred and child-focused” and that the contact arrangements had worked well before the mother left for England. He was willing to offer any undertakings necessary to ensure A’s return to Ireland.

The court found in favour of the father. Judge Steven Parker noted that while there was a risk of abuse, protective measures could be put in place. He emphasised that abduction is generally harmful to children and that allowing abductors to find havens in other jurisdictions is detrimental.

Conclusion

Judge Parker stated: “It is clear from the contact report that the father has a warm, loving relationship with A, and there is, of course, already an order in Ireland providing for significant contact or family time to include overnight stays for A with his father. These arrangements would clearly be almost impossible to maintain if the mother and father were separated by the Irish Sea.”

The court ordered the return of A to Ireland, ensuring the continuation of the established contact arrangements and addressing the international abduction issue.

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Case Reference
Mother Ordered to Return Son to Ireland Under Hague Convention
In The Matter Of: A (Minors)
High Court
November 2023
HH Judge Steven Parker