A Lithuanian boy brought to Ireland by his father without his mother's consent can stay in the country after the child "compellingly" submitted that while he wanted to return home, he could not do so due to his mother's addictive behaviour putting him at risk.
A High Court judgment ruled that the 14-year-old boy can remain in Ireland after he submitted a report demonstrating his "considerable maturity", which led the judge in the case to not exercise discretion over his possible return to Lithuania.
The boy's mother alleged her son was "wrongfully" removed from Lithuania by his father in August 2025, "contrary to the Hague Convention".
Judge Nuala Jackson, in her judgment, said the child was subject to proceedings by his mother for his return that were instituted in September 2025.
The father, the judgment reads, accepts that the mother had, at the time, the rights of custody in respect of the child and further accepts that the removal of the child was wrongful.
However, he defended his actions under Section 13 of the Hague Convention, referring to both the "grave risk" to the boy and also the objection of the child.
The risk to the boy, it was submitted, is that his mother has alcohol and medical issues that resulted in his abandonment and "grave risk".
In her judgment, Judge Jackson said that the father visited Lithuania in the summer of 2025 and "substantial concerns" arose relating to the care of the boy whereby the father later took him on "holiday" to Ireland.
"It is amply clear that the child has a considerable loyalty to and love for the applicant [his mother] and was greatly concerned for her welfare and was protective of her," the judgment reads.
The boy stated that he had witnessed his mother being beaten up by visitors to his home and that items were stolen from him, putting him in fear.
While the boy enjoyed societal and school life in Lithuania and had stayed with his father in Ireland, he did not wish to permanently remain here and stayed with his father on "holiday", the judge wrote.
"The child's position is more nuanced and calibrated in his wish to reside in Ireland," she said.
"He confirms his mother's continued excessive alcohol consumption, that she brought strangers back to the house and that they were also drinking alcohol.
"He confirmed being left alone for a week and that his mother was beaten up by men. He expresses positive statements regarding life in Lithuania but that he wishes to live in Ireland as he feels safe here," said the judge.
Judge Jackson said that while the respondent [the father] had not proved the defence of non-existence of custody rights, she referred to the "most compelling" affidavit of the child, which "demonstrates considerable maturity" on his behalf in that if alternative arrangements were made for his care he would not object to being returned to Lithuania.
The Judge said the defence against the boy's return to Lithuania was made out and she would refuse discretion in the matter to direct his return "in the best interests of the child".
