Six-year-old boy brought to Northern Ireland without his father's consent must be returned to Switzerland, says judge

Senior judges imposed the deadline after the child’s mother was found to have unlawfully removed him in breach of her ex-husband’s custody rights.

Lady Chief Justice Dame Siobhan Keegan confirmed: “The child shall be returned to Zurich in the week commencing June 19, 2023 by connecting flight from Belfast.”

Legal action under the Hague Convention was launched after the woman left Switzerland with the boy on Christmas Eve 20021.

Under the terms of a divorce obtained two years previously, she had custody of the child but her former husband retained visitation rights.

Neither parent can be named to protect the identity of their son.

During proceedings the woman claimed her ex-husband pressured her into having sex and forced himself on her if she refused.

Alleging their relationship was characterised by bouts of domestic violence, she stated that he threatened to kill her and their son with a knife.

According to the woman’s account she had begged for divorce from a man who others thought of as “an angel”.

The court was told he made all the travel plans for her and the boy to travel to the United Kingdom.

Denying all of the claims made against him, the man insisted he had never demanded sex, always provided financially for his family and was fully involved in his son’s care.

He alleged his ex-wife told him she wanted to travel to Ethiopia for her uncle’s wedding, and that he gave her cash for the trip.

Once she had arrived in the UK, where an application for asylum was made, all attempts to contact her failed.

He only discovered her whereabouts when informed that the mother and son had been sighted at a church in Northern Ireland.

Earlier this year a judge at the High Court in Belfast ruled that the removal of the boy was wrongful and in breach of his father’s custody rights under Article 3 of the Hague Convention.

However, he put a hold on the child’s return to Switzerland until the conclusion of his mother’s asylum application.

Even though that stay has now lapsed, the Court of Appeal examined and confirmed the Swiss authorities have provided reassurances about the level of protection and support which will be available to the woman and her son.

Dame Siobhan said: “We cannot see that there is really any convincing argument to be made against the return order.

“In fact, any argument against return in these circumstances renders the Hague Convention totally redundant and meaningless.”

Allowing the father’s appeal against the stay, she confirmed his son’s habitual residence remains in Switzerland.

A series of undertakings were also agreed between the parents, including a pledge not to remove the boy again without permission from the Swiss court.

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