Z A and BY and in the matter of K (a minor) [2020] NIFam 9

INCADAT legal file Hague parental abduction

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The parents married in 2013 and had a child, K. The defendant is the biological mother of the child and the plaintiff is recognised as a parent on the birth certificate. The plaintiff is a Dutch national, the defendant from Northern Ireland. The relationship between the parents was characterised by domestic violence and both women accepted they had problems fuelled by alcohol and cannabis use. The plaintiff was convicted of an assault on the defendant in early 2017.
They lived together in the Netherlands until 1 January 2020 when they finally separated. After their separation the child lived with the defendant and the plaintiff had regular contact.
In March 2020 the defendant moved to Northern Ireland with the child, without informing the plaintiff. The child was aged 5 at the time.
The plaintiff sought the return of the child but the defendant argued that this would expose the child to physical or physiological harm or otherwise place him in an intolerable situation.