M. v M. (Approved)

���������������������������������������������������������������������������������������������������� [2022 No.24 HLC]

1.1                The Applicant seeks the return of his son, called Pawel for the purposes of this judgment, to Poland.� Pawel is in his mid-teens and has lived in Poland and in Ireland.� His parents, the parties, are both Polish. The Applicant now lives in Poland with his partner and their child, and the Respondent mother lives in Ireland with her partner and their child, so Pawel has a sibling in each country.

1.2                In accordance with the Hague Convention and the Brussels II b Regulation, which govern the abduction of children: if the child has been retained in Ireland without the consent of his father, if his father has and was exercising custody rights in respect of Pawel, and if the application was made within a year, the Court must return him as soon as possible so that the courts in Poland can decide on custody and access arrangements if the parties cannot agree on these matters.

1.3                The Respondent argues that Pawel was not habitually resident in Poland at the relevant time and she also submits that he objects to being returned, on which basis, she argues, the Court should exercise its discretion not to return him.

3.3                From mid-2021 until February of 2022, Pawel had an uninterrupted stay in Poland, amounting to 7 months in total.� He visited Ireland from February until at least the end of April 2022, travelling back to Poland in time for a baptism on the 7th of May.� From the date of his return in May, he remained in Poland until August, which amounts to another 4 months.� That period, all else being equal, reflects an adequate degree of permanence.