Child wrongfully removed from Poland by mother is now settled in Ireland

Applicant is a father of a four-year-old boy and seeks the return of the child to Poland pursuant to the provisions of the Convention on the Civil Aspects of International Child Abduction, 1980 (the ‘Hague Convention’), the provisions of the Child Abduction and Enforcement of Custody Orders Act, 1991, and the Matrimonial and parental judgments: jurisdiction, recognition and enforcement, Regulation (EC) No 2201/2003 (the ‘Brussels II bis Regulation’) - the mother of the child who is the respondent, brought the child to Ireland October 2014 - the parties were married in June 2012 - mother of abruptly left the home on 30th August 2014 - child was placed in the care of the father from 1st September 2014 - child lived with father until 3rd October, 2014 and mother exercised access to him - father's affidavit indicates that on the 3rd October, 2014, the mother removed the child from his crèche without the consent of his father, under the pretext that the child had a medical appointment - On the 4th October, 2014, the mother sent a text to the father, saying “Do not look for me. I'm far away. We will get by” - the father immediately notified the police on the same date and filed a missing persons report on the same day - the police later informed him that the mother and child had travelled to Ireland - mother averred that Facebook messages from 5th September, 2014 may have given consent to travel - no doubt but that Poland was the child's place of habitual residence until his removal to Ireland on the 3rd October, 2014 - no question in this case but that the father, the applicant, has and had, custody rights and was exercising them within the meaning of Article 3 of the Hague Convention - issue of whether child is 'well settled' - wrongful removal was on the 3rd October, 2014, and the plenary summons issued on the 26th October, 2016, which involves a two year gap - relief refused - child found to be 'well settled' in Ireland.