J.G. v M.P. (Approved) [2025] IEHC 282 (16 May 2025)

J.G. v M.P. (Approved) [2025] IEHC 282 (16 May 2025)

The court found that the child was not habitually resident in Brazil at the time of the alleged wrongful retention in May 2024. Alternatively, even if the child had been habitually resident in Brazil as of January 2024, the child acquired habitual residence in Ireland during the period January to May 2024 due to integration, stability, and the factual circumstances. Therefore, the application for return under the Hague Convention was refused.

Citation
[2025] IEHC 282
Parties
Applicant: J. G.; Respondent: M. P.
Jurisdiction
Ireland
Judgment Date
16 May 2025
Procedural Posture
Hague Convention Child Abduction Application / High Court Judgment on Application for Return of Child
Outcome
Application refused
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Custody Rights, Wrongful Retention
Family Law International Law Child Abduction Habitual Residence Hague Convention Custody Rights Wrongful Retention

Case Brief

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Parties

J. G.

Applicant

M. P.

Respondent

Procedural Posture

Hague Convention Child Abduction Application / High Court Judgment on Application for Return of Child

Legal Issues

  1. 1 Whether the child was habitually resident in Brazil at the time of alleged wrongful retention
  2. 2 Whether the child's habitual residence changed to Ireland between January and May 2024
  3. 3 Whether the applicant's rights of custody were breached

Ratio Decidendi

The court found that the child was not habitually resident in Brazil at the time of the alleged wrongful retention in May 2024. Alternatively, even if the child had been habitually resident in Brazil as of January 2024, the child acquired habitual residence in Ireland during the period January to May 2024 due to integration, stability, and the factual circumstances. Therefore, the application for return under the Hague Convention was refused.

Court Disposition

Application refused

Orders

  • Application for return of the child to Brazil is refused