High Court correct in its determination of habitual residence criterion following preliminary reference to European court

MacMenamin J (nem diss): Family law - custody - applicant and respondent as divorced parents of child - High Court order (O'Malley J) dismissing father's application for return of child to France - whether court correct in holding that child had established habitual residence in Ireland - whether order dismissing father's application was correctly made on the evidence - whether Irish courts have jurisdiction to determine issue of habitual residence in light of a prior determination by a French appeals court that child's habitual residence was in France - preliminary reference to Court of Justice - stay currently granted in Irish High Court against enforcement proceedings under Brussels II Regulation brought by father seeking return of child to France - child removed to Ireland prior to French appeal judgment pronouncing child's habitual residence to be in France - decision on affidavit evidence before High Court - whether lawful removal of child rules out a possible subsequent wrongful detention - whether Irish courts bound by judgments of French courts 'first seised' of the issues - Irish courts entitled in European law to determine question of habitual residence - Hague Convention - judgment of the Court of Justice - court's reasoning - principles to be applied - concept of habitual residence - test to be applied on appeal - whether sufficient facts to justify High Court's determination - considerations of trial judge - whether decision in accordance with established jurisprudence - sufficient evidence adduced to justify court's reasoning - judgment upheld.