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1.1������ This is an application by a father for the return of his child, called Sarah for the purposes of this judgment, who has already been the subject of family law proceedings in Northern Ireland.� The defence of grave risk is raised. A brief summary of the issues is that the Applicant, who was awarded custody of the child in recent court proceedings, is alleged to be a poor parent due to drug misuse, neglect leading to injury and illness, and one complaint of using violence against the Respondent. All of these issues are said to put Sarah at grave risk of suffering psychological harm.
1.2������ The case involves allegations of a conflict that, it is agreed, occurred in Sarah�s presence.� The main difficulty for the Respondent is that the issues have been explored by a court in Northern Ireland and that court, which is privy to more information than is available in this jurisdiction, has awarded custody of the child to the Applicant.� �
1.3������ The exhibits relevant to the issue of grave risk reveal that there have been several incidents of conflict between the Respondent and various social workers.� �In one report, which is quoted from below, the author confirms that the Respondent has been diagnosed with mild hypomania which leads to volatile and emotional reactions to certain situations on her part.� She does not accept this diagnosis, according to the report and, given that she does not refer to it in her affidavits either, it appears that she has no insight into the relevance of this condition to Sarah�s welfare.
2.3������ The Convention requires an applicant to prove, on the balance of probabilities, that he has rights of custody, that he was exercising those rights and that the child was habitually resident in the relevant country at the time of removal or retention. If he succeeds in establishing these matters, the burden then shifts to the respondent who must establish a defence and persuade the Court to exercise its discretion not to return, as a result of the defence.� Here, the defence is that of grave risk.�
� the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that �
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