J.K v L.E (Child Abduction: Grave Risk, Views of the Child) (Approved)

1.2������ Continuing care and professional help will be needed for Rachel.� This is best addressed in the child�s home, which is in Sweden, where the child�s medical, educational and social welfare records are kept and where the relevant trained professionals are familiar with the family.� Taking all matters into account, including the educational and social work involvement with Rachel in Sweden, this Court must return both children who have been retained here since last August.

1.3������ If the children are to be moved to any other country, this can only be done with the consent of both parents.� The history of chronic conflict between the parents is a major cause of their oldest child�s distress and the parties to this action should consider this in deciding how to approach their parenting in the medium to long term and in determining what will be in the best interests of both their children.�

� 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 �

b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. �

3.2������ Ms. Justice Finlay Geoghegan set out the legal test for grave risk in C.A. v. C.A. [2010] 2 IR 162 , at paragraph 21: