Child of Brazilian father was not wrongfully retained in this jurisdiction

Applicant father seeks an order for the return of his infant daughter to the jurisdiction of England and Wales pursuant to Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter ‘the Hague Convention’), the EC Regulation 2201/2003, and the Child Abduction and Enforcement of Custody Orders Act, 1991 - sole issue in the case is whether the child was wrongfully retained by the mother in Ireland within the meaning of Articles 3 and 12 of the Hague Convention - the mother, an Irish national, travelled with the child from England (where the parents were originally living) to the United States (where the father was conducting postdoctoral research), and then travelled again six months later (alone with the child) to Ireland, where she has remained since May, 2016 - contended on behalf of the applicant father that the child had and continued at all times to have a habitual residence in England - no dispute that the father agreed to the mother and child coming to Ireland in May, 2016 - applicant father is a Brazilian national and the respondent mother an Irish national - parties were married on the 1st April, 2011 and moved to London in 2012 as a married couple - child, S, was born on the 22nd March, 2015 - father was conducting postdoctoral research in a university in the United States between 2013 and 2015 - in May 2016 father was offered work in several locations and emailed the mother about this - father came to England in August 2016 - mother before February 2017 made a decision to settle in Ireland at that stage, even if she did not have this fixed intention when she arrived in Ireland - no wrongful retention of S within this jurisdiction by her mother within the meaning of Article 3 of the Hague Convention.