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Court of Appeal, in dismissing the appellant's appeal and allowing the respondent's cross-appeal, determines that the children of the parties, a separated couple, were habitually resident in Ireland and not the United Kingdom.
Court of Appeal - applicant and respondent were husband and wife - resided in England - had three children in England; A, B, and C - family were regular visitors to Ireland and had strong connections to the country - respondent was born and raised in Ireland - one visit coincided with Covid-19 pandemic - decision to stay was prompted by increasing restrictions - children enrolled in school in Ireland - relationship deteriorated - applicant brought two children to England - respondent said agreement to same was on foot of assurance that the trip was a holiday and children would return - children removed from United Kingdom by respondent - proceedings instituted under Hague Convention on the Civil Aspects of International Child Abduction - High Court held that And B were habitually resident in England - the indeterminate nature of the lives of A and B in Ireland favoured their residence in England - High Court held that C was habitually resident in Ireland having regard to the fact that the respondent was her primary caregiver and she spent close to half of her life in Ireland - assessment of issue of habitual residence was a fact-sensitive query - A and B had been shown to have integrated in Ireland - correct analysis of the facts in light of the meaning of the term 'habitual residence' was that all three children were so resident in Ireland - Court of Appeal overturned decision that A and B were habitually resident in England.
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