The Supreme Court of Ireland decided to return the Ukrainian girl home after her father’s lawsuit
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The Supreme Court of Ireland decided to return the Ukrainian girl home after the father’s lawsuit – the mother took her to Ireland after the start of the full-scale invasion. Judge Mary Rose Gerty ruled that the girl was wrongfully taken out of her home country without her father’s permission, Irish state broadcaster RTÉ reported. The real name of the girl is not known, because she is not yet 10 years old. It is reported that the girl’s parents divorced several years ago. The court was presented with evidence that the child expressed a desire to return to his father. Read also: The child was taken away from her grandmother and placed in a monastery: how children are separated from their relatives abroad and what Ukrainians should do in similar situations. Illustrative photo: tutye/Depositphotos According to the agreement on joint custody, before the Great War, the girl mostly lived with her father and his wife and half-siblings. Her mother could communicate with her regularly. After the start of the war in February 2022, the mother took the girl abroad without the consent of her ex-husband. The woman refers to the relevant resolution that allows it. Indeed, in the conditions of martial law, the departure of children abroad with one parent is allowed without the notarized consent of the other parent. However, the father protests and believes that his ex-partner took the child away against their agreement. The man appealed to the Irish courts in accordance with the Hague Convention, which also regulates the issue of “child abduction”, with a request to issue an order for the return of his daughter to Ukraine. The mother objected to this application and argued that because of the dangers associated with the war, the child should be allowed to remain with her in Ireland. The girl herself said that she suffers from separation from her father and half-siblings. After a year in Ireland, the girl does not speak English and wants to return home despite the war. Also, she has no friends in Ireland, but she communicates with friends in Ukraine via video. The judge noted that the child has a deep bond with both parents and “has a limited understanding” of the war. In the end, the court decided that Daryna’s mother “did not have the authority to take her out of Ukraine,” and her removal violated the father’s rights to custody of the child. According to the judge, moving the girl from her home to a foreign country threatens her psychological health, and it will be better if she is returned home immediately. Despite the fact that all Ukrainians are under threat from an “unforeseen aggressor”, the court does not believe that the return of the child does not expose her to the risk of death in her hometown. At the same time, if the situation worsens, the father promises to move to another region – he is obliged to inform the girl’s mother about this. Read also: Application on a white form loses its validity: how can a child travel abroad accompanied by third parties
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