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Irish Court Orders Return of Boy to Poland Following Abduction by Mother

By Janet Langjahr

Boy lives in Poland with Mother, Grandfather and Grandmother, after Father dies.

Mother moves out of area and leaves Boy with Grandparents, visiting only occasionally.

Court temporarily restricts Mother’s parental rights and awards custody to Grandmother.

Grandmother and Grandfather divorce. Grandfather continues to live in same home with Grandmother and Boy.

Grandmother dies.

Mother removes Boy from Grandfather and disappears.

Court places Boy in Grandfather’s foster care permanently.

Mother fails to return Boy to Grandfather’s care.

It is later found that Mother removed Boy from Poland to Ireland.

Upon locating Boy, Grandfather applies for return of the Boy to his custody in Poland under the Hague Convention on the Civil Aspects of International Child Abduction.

Mother claimed that she left Poland, among other reasons, because Grandfather had a preferential relationship with the local authorities in Poland. Mother presented no proof of that though.

Mother also denied Grandfather’s custodial rights at the time she removed Boy from Poland, despite Polish court orders restricting her custodial rights and awarding Grandfather custodial rights.

The Court also found that the Mother had done little to maintain a relationship with Boy and had repeatedly, willfully ignored lawful Polish court orders.

Although the Boy expressed the wish to remain with his Mother in Ireland, the Court found that the Boy was immature and subject to Mother’s influence.

The Mother was subject to an arrest warrant for abducting Boy.

The Court also found that the Boy had not really settled in Ireland and that there did not appear to be a risk to the Boy if returned to Poland.

For all of the above reasons, the Irish court ordered return of Boy to Poland, his place of habitual residence before his wrongful abduction.

The Irish court concluded that any further custody proceedings should take place in Poland. The Irish court did not decide who should have custody.

Read more in this Irish Times article: Boy must be returned to his grandfather in Poland.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on August 12, 2008 (boomark / email).