P. v. B. (No. 2) (Child Abduction: Delay) [1999] 4 IR 185; [1999] 2 ILRM 401

INCADAT legal file Hague parental abduction

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The child, a girl, was 5 at the date of the alleged wrongful retention. She was born in Spain. Her parents were not married. The mother had previously removed the child from Spain to Ireland in 1993. On 19 December 1994 the Irish Court ordered the return of the child to Spain. In January 1995 a Spanish court granted the mother custody and the father access.
In March 1996 the mother alleged that the father had sexually abused the child during an access visit and contact was subsequently suspended. In July 1996 the mother applied for leave to bring the child to Ireland. On 20 August that application was refused. Nevertheless, in October 1996 the mother took the child to Ireland.
On 23 June 1998 the father applied for return of the child under the Convention. On 17 July 1998 the Irish High Court ordered the child’s return. The mother appealed.