A v B & Anor

Ms Miriam Best (instructed by Osbornes Solicitors) for the Applicant Mr Tadhgh Barwell O'Connor (instructed by Lyons Davidson Solicitors) for the First Respondent Mr Simon Miller (Instructed by Bristol City Council) for the Second Respondent Hearing date: 24 November 2023 ____________________

Should the Father be released from his undertaking not to return to Ireland with C.

In this case it is agreed that C is habitually resident in Ireland and accordingly, under UK domestic law, the Courts of Ireland have primary responsibility to take measures to protect C. Both parents have parental rights under the law in Ireland and these rights are not removed by the 1996 Convention.

a. The wording of section 1(2) is that the terms of the 1980 Convention form part of UK domestic law " Subject to the provisions of this Part of this Act" . That form of wording suggests that if there is any conflict between the provisions in Part 1 of the 1985 Act and the 1980 Convention, the terms of Part 1 of the 1985 Act have precedence. Thus, in my judgment, the wide words in section 5 allowing the court to make orders in the welfare interests of a child where it considers it is appropriate to do so should not be curtailed by reference to the provisions of the 1980 Convention;

c. One of the objectives of the 1980 Convention, as set out at article 7(b) is " to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures". I have identified that C is presently suffering harm by having to be looked after by his Father alone without proper support and the evidence shows that the only way of remedying this is to allow his interim return. Thus, far from conflicting with the aims of the 1980 Convention, on these particular facts the making of an interim return order supports the purposes of the 1980 Convention;