EUPillar JPC v SLW, SMW [2007] EWHC 1349 (Fam)

Summary

The parties married in 1992; they had three children. In 1998, the parties separated. In 2001, the mother got ill, and for a period of several year, the children were living with the father in England. The children returned to Ireland in July/August 2005. S (and perhaps M) did so rather reluctantly In January 2007, the father and S flew to England. The English court was concerned with an application by the mother for the return of her daughter, S, to Ireland. The proceedings commenced in January 2007. S was 14 years, and she was joined as a second defendant on 22nd January 2007. In spite of S’s objections, the judge made an order for the child to return to Ireland as he felt that the Irish courts are best placed to consider the welfare issues. That said, the English judge imposed a stay upon the enforcement of that order prior to the first directions hearing in the Dublin High Court. In this context, Sir Mark Potter held: “I have no doubt as to the strength of S's objections and I also have concerns about her general welfare. However, not only do I find that the Convention considerations are very strong in the circumstances of this case, it is also clear that the courts of Ireland, a short journey away, are the forum far and away best suited to deal with these concerns. I also consider that S, whilst not reconciled to any need to return for that purpose, nonetheless appreciates that an order for her return is on the cards and I do not believe that her welfare will be unduly affected, provided that her case is swiftly dealt with on her return, preferably by Mr Justice Abbott who is already acquainted with her case. I have contacted his office to this end and he has expressed willingness to list the case for expeditious directions with the view to a holding of a welfare hearing before him, upon the appropriate steps being taken by the mother's solicitors.” [51]