Decision on return of children is postponed pending the outcome of custody proceedings in Poland

Application pursuant to Hague Convention for the return of two children born in Dublin in April 2010 and February 2013 - parents are Polish nationals - in May 2007 the applicant father came to Ireland followed by the respondent mother in August 2008 - in November 2015 the applicant decided to return to Poland - applicant says that mother consented to him bringing the children to Poland with him - mother said she consented to the children being in Poland for a short time - respondent visited Poland in February, May and August 2016 - in November 2016 the respondent mother initiated an application before the Polish Courts seeking the return of the children to Ireland - respondents application dismissed on 21st December 2016 in Poland - on 6th January 2017 the applicant was told that the respondent and children were in Ireland - Polish judgment dealt with relationship between the parties and also had the benefit of reports compiled by a psychologist - change of habitual residence - the respondent made a case under the Hague Convention that the applicant father had wrongfully retained the children in Poland following a consent given by her for their temporary stay in Poland as outlined above but the Polish Court determined that this was not so - Polish Court considered all of the circumstances of the case and determined that the children were habitually resident in Poland - evidence of children's integration into Poland - court is satisfied on the balance of probabilities that the parties made a clear agreement that the father should return to Poland with the intention that he and they would remain permanently there - removal was also in breach of the Polish court's right to custody - Court to be informed of conclusion of Polish custody proceedings.