Redmond v. Redmond

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 12-2511
Decision Date: 
July 25, 2013
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in directing respondent-mother of petitioner’s child to return said child to Ireland from Illinois, after concluding in instant Hague Convention action that Ireland was child’s “habitual residence” since last known agreement between parties when child was 11 days old was to have child live in Ireland with them. Habitual residence of child was in Illinois where child spent all but brief periods of his life, and where child had established home and social relationships. Moreover, Ct. noted that mother did not violate Hague Convention when she unilaterally returned child to Illinois since at time of said return petitioner-father had no parental rights to said child under Ireland law due to his status as unwed father. Ct. further observed that father might ultimately obtain return of child to Ireland, where father had received order from Irish court that had granted him certain custody rights and had directed mother to return child to Ireland, and where Ill. circuit court had previously deferred to Irish court's claim of jurisdiction.