Children removed to Ireland without father’s consent are now well settled here

Proceedings are brought by the applicant, the father of a nine year old girl and six year old boy, in which he seeks the return of these children to England and Wales 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 children were brought to Ireland by their mother in July 2015 - parties married in 2011 in England - access order from 2015 stated that children were not be removed from the jurisdiction - father contends that during the course of access with the children on 14th February, 2016, he was advised by them that they had moved to Ireland with the respondent and had been enrolled in a local school - respondent subsequently informed him in or about May or June 2016 that they were living in Ireland with her new partner - in Court hearing in England the respondent was asked by the Judge if the children lived in England or Ireland, she answered Ireland - In January 2017, the applicant completed the necessary application form with the Central Authority for England and Wales seeking the return of the two dependent children - respondent had two further children in this jurisdiction with a new partner - applicant could not travel to this jurisdiction due to his immigration status in the UK - conceded that the applicant had custody rights at the time of their removal and was exercising them - at the time the children were removed from the United Kingdom, the respondent had indicated that they were travelling to Ireland for a short visit and gave no advance warning of her intention to remain permanently within this jurisdiction - proceedings were commenced by way of Family Law Summons dated 13th February, 2017, almost seventeen months after the date of the removal of the children - issue of children being settled - clinical psychologist's report stating children are well settled in this jurisdiction - applicant did not acquiesce in removal - views of children are that they don't want to be removed - relief sought refused.