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High Court allows an application for an order returning a child to Poland, finding: (a) in circumstances where the child was removed from Poland without the consent of the Respondent Father, in which the divorce proceedings in Poland had not been finalised and the Respondent did not have permission to remove the child; (b) an order by the Polish Courts for the child to reside with the Respondent was limited to residence within Poland; (c) the views of the child objecting to return to Poland are “moderately expressed” and there is insufficient evidence to establish risk; and (d) the interests of the child are best served in her country of habitual residence, where the Courts are familiar with the case and can made an informed decision on her welfare while maintaining the relationship between both her parents.
Child abduction – views of the child – father seeks return of child who was removed from Poland to Ireland – both parties previously resided in Poland - Child Abduction and Enforcement of Custody Orders Act of 1991 - Regulation 2201 of 2003, which implement the Hague Convention on Child Abduction [the Convention] – Polish courts ruled following divorce that the child with reside in Ireland - residence of child shall be “any place of residence of her mother” until the conclusion of the divorce proceedings. The Polish divorce proceedings have been adjourned pending the outcome of these proceedings – wrongful removal - Habitual Residence and Rights of Custody – application allowed.
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