U.2014.1295? ? TFA.445/1OE / nr. B-3977-13
In the time before the wrongful retention in Denmark, the child lived with her mother in Poland, and the father, who lived in Denmark, had visitation rights. During the summer holidays, in July 2013, the child visited her father in Denmark. After the end of the holidays, the father kept the child in Denmark without […]
Oberlandesgericht Hamm, II-11 UF 85/12, 28 June 2012
Rights of Custody – Art. 3 The daughter was born in Germany when her parents were still married, as a result of which the parents had joint custody. The son was born in Poland after the parents had divorced, and the father was entered as such on his birth certificate, meaning that it is also […]
Re J (Abduction: Children’s Objections) [2011] EWCA Civ 1448, [2012] 1 F.L.R. 457
The proceedings related to children born in Poland in 1996, 1998 and 2001. The Polish parents had married in April 1996 and separated in August 2005. In subsequent proceedings, the Court in Zamosc, Poland awarded custody to the father and contact to the mother. Thereafter the mother relocated to the United Kingdom. In September 2010, […]
Stochlak c. Pologne (Requ?te No 38273/02)
The case concerned a child born in 1993 in Canada, where her parents resided. In 1996, the family went to Poland on holiday. During that stay, the mother, who had Polish roots, informed the father that she had decided to live in Poland with the child permanently. On 18 December 1996, the Family Court of […]
Re F. (A Child) [2009] EWCA Civ 416
The child, a boy, was aged eight at the date of the alleged wrongful removal. He was born in Poland to Polish parents and had always lived in Poland. The parents divorced in 2006 and thereafter proceedings were commenced in Poland in respect of the child, resulting in an order dated July 2007, granting the […]
A.B. v. Poland, Application No. 33878/96
The application related o a child born in Canada in 1988 to Polish parents. The parents had relocated to Canada in 1985. In 1991 they separated and the child, a girl, returned to Poland where she was cared for by the paternal grandparents. Some time thereafter the mother took the child back to Canada. In […]
Cour d’appel de Luxembourg, 3 mai 2006, No de r?le 30793
L’affaire concernait un enfant d’un couple mari? d?plac? par la m?re de Pologne vers le Luxembourg ? l’insu du p?re, le 3 mai 2005. Le 10 novembre 2005, un juge de premi?re instance luxembourgeois avait d?bout? le p?re de sa demande de retour au motif que « renvoyer l’enfant en Pologne et […] le s?parer […]
H.N. v. Poland, 13 September 2005
The application related to three children: a girl born in 1989, a boy born in 1992 and another girl born in 1994. The father was Norwegian, the mother Polish and the family had lived together in Norway. The mother also had another son born in 1980 from a previous marriage. In late 1994 the mother […]
Decision of the Supreme Court, 1 December 1999, I CKN 992/99
The proceedings related to a child born in September 1993 in Cyprus, to a Cypriot father and a Polish mother. The parents were married and each had rights of custody in respect of the child. The family lived together in Cyprus until 20 July 1998, when the mother unilaterally removed the child to Poland. She […]
Rydder v. Rydder, 49 F.3d 369 (8th Cir. 1995)
The children, a boy and a girl, were 3 _ and 1 _ at the date of the alleged wrongful removal. They had lived in both Sweden and Poland, moving to the latter State in November 1992. In May 1993 the mother unilaterally removed the children to the United States of America. However, she returned […]
