H. (E.) v. H. (S.)

The applicant is the father of the child named in the title to the proceedings. The respondent is the mother of the child. The child was born on the 29 th January, 1997. The parents and the child lived together in London since the date of birth of the child until October 2003.

In October 2003, the mother took the child to Ireland without notice to or consent from the father. On the 17 th October, 2003 the father commenced an application to the relevant authorities in the United Kingdom for the purpose of a request to the Central Authority in this jurisdiction to arrange for an application to be made for the return of the child to the jurisdiction of England and Wales under The Hague Convention. Such proceedings were commenced on the 3 rd December, 2003 and served on the mother who was then residing with an uncle and aunt and the child in Ireland.

I also admitted into evidence a letter dated 13 th February, 2004 from TDC James Stanyer of the Community Safety Unit of the Metropolitan Police Service at Woolwich police station. I admitted this evidence pursuant to the last paragraph of Article 13 of The Hague Convention which provides:

The Metropolitan Police Service appear to be a competent authority of the United Kingdom for the purposes of this Article and the information contained in the letter to be information relating to the social background of the child named in the title hereof.

On behalf of the respondent, reliance was placed on Article 13(b) of the Convention which provides that this Court is not bound to order the return of the child if the respondent establishes that: