Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Judge sends children to Australia with mother and tells father to talk to them via th

Options
123457»

Comments

  • Options
    #182
    OUTOFSYNC
    Registered Users Posts: 136 ✭✭OUTOFSYNC


    metrovelvet wrote: »
    "He therefore found that there had been no breach of a “right of custody”, and that the habitual residence of the children was England, given that they had been lawfully removed by their mother and were now clearly settled there. "

    Then why does it say THAT^ at the end of the article?

    Are you saying that if he had applied for Guardianship the case would have had a different outcome?

    Unmarried men in Ireland dont have automatic guardianship of their children. The laws here are not good in that regard. The Hague convention requires the parent bringing the application to have guardianship. Thats my understanding.

    The opinions/bias of the judge also really comes into play when deciding the outcome of the Hague.


  • Options
    #183
    James Jones
    Registered Users Posts: 534 ✭✭✭James Jones


    metrovelvet wrote: »
    Are you saying that if he had applied for Guardianship the case would have had a different outcome?
    This has been explained to you previously.


    OUTOFSYNC wrote: »
    The Hague convention requires the parent bringing the application to have guardianship. Thats my understanding.
    Incorrect. Once an application has been made,the Court has jurisdiction.
    rolly1 wrote: »
    This case (Irish Times summary here) was deicided soley on the fact that the father had not applied on time for guardianship for his kids and therefore had no custody rights under the Hague Convention.
    He said this case was different from GT -v- KAO (also involving unmarried parents in an application under the Hague Convention), in that here, both the High Court and the Supreme Court found the service of District Court proceedings by the applicant father on the respondent mother (seeking guardianship) meant the court had “right of custody”, which had been breached.


  • Options
    #184
    James Jones
    Registered Users Posts: 534 ✭✭✭James Jones


    metrovelvet wrote: »
    Are you saying that if he had applied for Guardianship the case would have had a different outcome?
    I have just come across another relevant link HERE:
    Minister for Justice and Law Reform (Deputy Dermot Ahern): "In the High Court case concerning the abduction of children referred to by the Deputy (J. McB. v L.E. 2010 IEHC 123) it is of some significance that the Judge indicated that had the applicant made an application to our courts for guardianship or custody orders the outcome of the case could well have been radically different".


  • Options
    #185
    OUTOFSYNC
    Registered Users Posts: 136 ✭✭OUTOFSYNC


    In the case described in the OP, would the father be able to make an application in Australia for the return of the kids under the Hague Convention? Or does the UK courts decision hold in Australia?

    How does the law work for International movement of children after a legal ruling in one country? When the kids are back in the UK for their month visit – what recourse does the mother have if the father refuses to return them?

    What legally can the father do if the mother refuses to allow the children back to the UK to visit him?


  • Options
    #186
    James Jones
    Registered Users Posts: 534 ✭✭✭James Jones


    OUTOFSYNC wrote: »
    In the case described in the OP, would the father be able to make an application in Australia for the return of the kids under the Hague Convention?
    No. The Hague Convention is for the return of children taken by a parent without the consent of the other or a Court Order dispensing with consent.
    OUTOFSYNC wrote: »
    Or does the UK courts decision hold in Australia?
    Yes.
    OUTOFSYNC wrote: »
    How does the law work for International movement of children after a legal ruling in one country? When the kids are back in the UK for their month visit – what recourse does the mother have if the father refuses to return them?
    She can apply for their return under the Hague Convention.
    OUTOFSYNC wrote: »
    What legally can the father do if the mother refuses to allow the children back to the UK to visit him?
    He can apply to the Australian courts.


  • Advertisement
Advertisement