Order for return of children to Sweden set aside due to subsequent acquiescence by mother

The Court of Appeal has partially overturned a High Court order directing the return of three children to another EU country following their removal to Ireland by their father. While the High Court rejected the father's arguments that the mother had consented to or acquiesced in the children's removal, the Court of Appeal upheld the trial judge's findings that the children were not 'settled' in Ireland and that there was no free and informed consent to their removal. However, the Court of Appeal found the mother had subsequently acquiesced in the children residing in Ireland, not due to duress but because she was waiting to secure immigration status before seeking their return. The court declined to exercise its discretion to return the children based on welfare or policy grounds, noting the children had now resided in Ireland for nearly three years and emphasising that outstanding welfare concerns should be addressed in future custody or access proceedings. Consequently, the appeal was successful regarding acquiescence, and the return of the children was refused.