A mother who abducted her son has been ordered to return him to Ireland where his father is living.

The case involved a couple who married in Ireland in 2019. Their son, referred to only as A, was born in 2021. The couple separated six months after the birth.

The father consented to A living with his mother as long as he could have regular contact, and this worked well for several months.

However, she then withdrew contact, prompting the father to take legal action in Ireland. 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 getting his consent.

The father applied to the courts in England for his son to be returned to Ireland under the Hague Convention.

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 from the father. She claimed there was nowhere she could live in Ireland without the father being able to find her.

She said that she had needed counselling because of the trauma imposed by the father.

The father provided evidence of a contact centre report showing that he was “child centred and child focused” and that the family’s contact arrangements had worked well before the mother left for England.

He was prepared to offer whatever undertakings the court deemed necessary to ensure his son was returned to Ireland.

The court found in favour of the father.

It held that although there was a risk to both the mother and A of abuse by the father, this could be addressed by putting protective measures in place.

Judge Steven Parker said: “It is generally accepted that abduction is harmful to children. It is harmful generally if abductors are able to find havens in other jurisdictions.

“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.”

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Source:

In The Matter Of: A (Minors)
High Court
November 2023
HH Judge Steven Parker