High Court orders that two boys be returned to their father in Poland, on the grounds that the policy of the Hague Convention to deter the wrongful removal of children weighs heavily in favour of return in this case.
Application by the father of two boys aged 10 and 8, for the return of his children to Poland pursuant to article 12 of the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter "the Hague Convention"), together with a declaration that the respondent wrongfully removed the children from Poland within the meaning of article 3 of the said Convention - on the 15th December, 2016, the Court made an order for the return of the children to Poland, on foot of a finding that they had been wrongfully retained in Ireland after a holiday visit to their mother, who has been living in Ireland since 2014 - mother had signed a form promising to return the children to Poland after a fixed period, but did not do so - mother came back to Ireland with the children after the April 2017 proceedings which took place in Poland - on the 4th October, 2017, the Court made an order that a psychologist who had assessed the children previously for the purpose of the original proceedings, carry out an assessment of the children's current views, in particular as to whether they had an objection to returning to Poland - 8 year old described scary experiences of his father - 10 year old did not want to visit with his father - father had a legal right of custody in respect of the children under Polish law - father did not consent to the removal of the children to Ireland after April 2017 - considerations of child's objections - older child has a clear objection to returning to Poland and that the younger child has a "preference" for not returning to Poland - order returning the children to Court - stay upon the order for return in order to facilitate the progress of proceedings in the Polish court - declaration that the children were wrongfully removed to Ireland within the meaning of article 3 of the Hague Convention and that the children should be returned to Poland pursuant to article 12 of the same Convention - copy of this judgment be copied by the Irish Hague Convention liaison judge to the Polish authorities.