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The Court of Appeal dismissed an appeal from the High Court, upholding the decision to refuse a father's application to return a minor child to Brazil under the Hague Convention on the Civil Aspects of International Child Abduction. The High Court had found that, despite both parents moving to Brazil with the child, the child never lost his habitual residence in Ireland due to limited integration into Brazilian life—neither the child nor his primary carer, the mother, became integrated into Brazilian society, as evidenced by language barriers, social isolation, and the mother's intent to treat the move as temporary. The appellate court determined that the High Court applied the correct legal principles, adequately weighed the child-centred evidence, and correctly concluded that the child's habitual residence remained Ireland at the relevant time, so there was no wrongful retention. The application for the child’s return to Brazil was therefore refused.
Hague Convention on the Civil Aspects of International Child Abduction – habitual residence – child abduction – return of child – High Court ruling – Court of Appeal – parental dispute – Brazil – Ireland – integration test – child"s primary carer – multifactorial assessment – onus of proof – Article 3 of the Convention – balance of probabilities – wrongful retention – civil law – summary proceedings – neutral citation [2025] IECA 184
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