Court of appeal has recently overturned the decision of high court and taken the decision in the favor of the Australian mother. An Ireland man and an Australian woman tied knot and moved to settle temporarily in Ireland. The husband had promised to move back to Australia. The couple had decided to part their ways and as the children had been living in Ireland for a few months only so the high court had decided to give custody to their father assuming their actual residence to be Ireland.
Irish Times says that the justice of the court of appeal expressed sympathy in this matter and vowed to give justice to the mother. Decision making in such a sensitive case is quite a task to do and the scenario is a stressful for the judges to witness, as they have to make the right decision that is in the best of interest of majority.
The children had been born to an Irish father and an Australian mother and the mother had claimed that she moved in a circumstance where the husband had promised to move back. But ironically he refused and instead detained the passports of the children and claimed the children's custody. As every aspect of the case was in the favor of the father so the High court gave him the custody.
Considering all these aspects and the fact that time spent by the children in Ireland was little to justify the stance of their permanent residence to be Ireland. The court of appeal announced the decision in favor of the mother, nullifying the decision of high court. The order of the return of children to Australia has been directed as the act of detaining passports was wrongful in contrast to mother's demand of living in Australia, which was a mere provisional proposition.
