Father’s request to have children removed to Poland is refused

Applicant father of two children, seeks a declaration pursuant to article 3 of the Hague Convention on the Civil Aspects of International Child Abduction that the children were wrongfully removed from Poland by the respondent, their mother, in February 2017, together with an order pursuant to article 12 of the Convention for their return to Poland - eldest child "W" was born in November 2006 when the mother was 18 - parties and child moved to Ireland "G" was born in July 2009 - father was made guardian in October 2014 - applicant took children to Poland in July 2006 - habitual residence of children was Ireland until July 2016 - question for the court is whether the habitual residence of the children changed between July 2016 and February 2017, being the period when they lived in Poland - after being a car accident in May 2016 mother returned to Poland with her mother to recuperate - mother said that father entered her mother’s house in Poland and stole her passport as well as the children’s passports from the house, which she reported to the local police - on the 5th February, 2017, the respondent came to Ireland with the two children, travelling on European identity cards, because the applicant had taken the passports - W has special needs to include dyslexia - burden of proof to establish that the habitual residence was Poland falls upon the applicant - father's evidence not reliable - W indicated desire to stay here - child psychologist examined children - children have fear of their father - reliefs sought refused.