On behalf of The Walters Law Group, Ltd. posted in Child Custody on Monday, December 16, 2013.
An Illinois mother will receive custody of her son after a federal judge ruled he must be returned from his father’s home in Ireland. The case, which is complicated by its international boundaries, is of interest to families on both sides of the Atlantic.
The most recent ruling comes after a ruling in 2012 that determined the son should live with his father in Ireland. At that time, a court in Ireland ruled that the boy’s father should retain custody, which the mother would share. The father has since been trying to get a U.S. court to echo the ruling.
Initially, the mother in this case agreed with the terms set by the Irish court. She then requested to bring the boy back to the United States in order to settle things here, swearing under oath that she would not file for custody in the U.S., but broke her oath by filing for custody in Chicago. At that time, she added that her former partner was abusive. The boy’s father quickly sued in American courts, citing child abduction laws. The Irish courts have also determined that the mother is in contempt. The most recent ruling claims that the boy is rooted in Illinois and that moving to Ireland would be detrimental.
Child custody is often a challenging issue. Courts must weigh the benefits of a variety of custody arrangements in order to determine what is best for the child in question. In this case, the international nature of the arrangements is particularly difficult and poses additional considerations. Appropriate counsel may help to ensure that the ultimate determination is in the best interests of the child.
Source: Orland Park Patch, “Judge Rules that 6-Year-Old Boy Return from Ireland to Orland Park“, Ben Feldheim, December 14, 2013