Child’s habitual residence was in Ireland rather than Brazil

The High Court has refused an application for the return of a child to Brazil under the Hague Convention, determining that the child was not habitually resident in Brazil upon his return to Ireland in January 2024. The court found that the child, born in Ireland and having lived there until moving to Brazil in September 2022, did not establish a new habitual residence in Brazil during the subsequent 16 months. Furthermore, even if the child had been habitually resident in Brazil, the court concluded that his habitual residence shifted back to Ireland during the four months between January and May 2024, due to reintegration into his social and family environment in Ireland. The court also dismissed the defenses of consent/acquiescence and grave risk, as they did not meet the necessary threshold of proof.