Mother permitted to permanently relocate to USA with Irish-born child

Applicant is the mother of M, born on the 30th September, 2016 - respondent is father - applicant is now married to a US citizen and they have a child born on 17th October 2018 - applicant has resided here since June 2018 - appellant left this jurisdiction on 28th August 2017 with M without notice to the respondent to Atlanta, Georgia - she then left Atlanta and went to Louisiana - respondent had no contact with his child for 9 months - on 2nd October 2017 the respondent attended at the District Court where he was made a joint guardian and granted access every second weekend - this order is not in dispute - the applicant was not present or legally represented at this hearing - on the 19th October, 2017, the respondent was informed by the Gardaí that they believed the applicant to be in Atlanta in the United States of America with M. - on 9th November, 2017 the respondent contacted the Central Authority with a view to seeking their assistance to institute Child Abduction proceedings, in accordance with The Hague Convention for the return of M. to Ireland - by letter dated the 28th December, 2017 the United States Departmentof State (WEP Abductions) requested the return of M. to Ireland on a voluntary basis - correspondence exchanged between the US attorneys for the parties - on the 6th February, 2018 the respondent, having been advised by his solicitor, attended in person at the District Court Office in L. for the purposes of re-entering the issue of guardianship to have Judge Kilrane clarify that the order for guardianship was on the basis of the automatic guardianship rights afforded to the respondent on the basis of fulfilment of the cohabitation requirement pursuant to Section 2(4) of the Guardianship of Infants Act, 1964 (as amended) - respondent instituted Child Abduction proceedings pursuant to The Hague Convention in Atlanta, Georgia in March, 2018 - on the 5th April, 2018 the respondent was informed that the applicant was no longer residing in Atlanta in the State of Georgia and had moved to Louisiana - respondent then had to issue further Child Abduction proceedings in the State of Louisiana - application sought extension of time to appeal order of 5th March 2018 on 27th March 2018 - applicant sought to appeal the refusal to extend time to appeal and this came before the Circuit Court on 10th May 2018 - this appeal was refused - on 16th April 2018 applicant brought application for leave to seek judicial review of the decision of 5th March 2018 - judicial review proceedings were heard over two days and applicant was successful and order of 5th March 2018 was quashed - respondent instituted and maintained Hague proceedings in the US - after trial heard from 30-31st May 2018 the Judge directed the immediate return of the child to Ireland - on the 11th July, 2019, the applicant was charged under s.16 of the Non-Fatal Offences Against the Person Act, 1997 - current application is a relocation application - Irish and European case law on relocation - parents conduct can be considered - Washington Declaration on International Family Relocation published in March 2010 provides factors relevant to decisions on International Relocation - mothers new relationship a factor particularly the fact that she is married - her marriage to a US Army officer gives her pension rights and security - mother is better placed to care for child and meet his needs - mother allowed to relocate to the US - mother granted sole custody - father allowed three weekends access in Ireland and one weekend access in the US per year.