Custody
Children’s wishes and parental influence
In the case of EWHC 517 (2016) the Court considered the Father’s application for his 13 year old son to be returned from Ireland.
The Mother and Father had separated in 2007, whereupon the Father moved to Dublin.
There were two children of the relationship, A, who was 13 years of age and B who was 19 years of age.
In 2012 Care and Private Law proceedings were issued.
An Order was made providing for Child A to live in Dublin with his Father and Grandparents.
B lived with his Mother in London.
In January 2016, Child A visited the Mother in England, but did not return to Dublin.
The Father applied for A to be returned to Dublin.
Child A was joined to the proceedings.
Child A stated that he did not wish to return to Dublin as he did he would be exposed to physical or psychological harm.
The Father provided an undertaking confirming that if Child A returned to Dublin, he would stay with his parents until the issues relating to A had been resolved.
The Court considered that A’s Mother and brother had a significant influence on his reasons for not wanting to return to Dublin.
It was felt that if Child A remained in England with the Mother, there was a risk further chaotic incidents would occur, as they did in 2012 when care proceedings were issued.
Therefore, the Court ordered that Child, A, should return to Dublin. This was on the basis adequate arrangements were made to protect the child when he returned, which had been satisfied by the Father’s undertaking to allow the child to stay with his parents.
If you need assistance in respect of your matrimonial affairs, whether this is in respect of issues concerning a divorce and the related financial aspects, children, injunctions or cohabitation disputes, please contact our offices on 01323 727321 to arrange an appointment.
Please note that the family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.
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