Case Study B - Successfully defended against challenge to existing agreement
We acted for a mother who was a Polish national. Their child was living with them in the Midlands. The father was also a Polish national, living in Poland. The father and the mother were in court proceedings in Poland. They resolved arrangements for that child, aged 4. The mother left Poland with the child.
The father then said that the mother had wrongfully removed the child from Poland in breach of his rights of custody. The father, therefore, issued Hague Convention proceedings seeking the return of the child to Poland so that the welfare issues were to be decided in the Polish Court. the mother indicated that she wished to defend the proceedings on the basis that the father had consented to the removal.
In Poland the court discussions were recorded on a court tape. After written evidence, significant investigation of social media postings and permission from the Polish courts to obtain the court tape it transpired that the father had given permission. Once it was proved that the father had consented to the child and the mother coming to England to reside on a permanent basis it was then a matter for the High Court to exercise its discretion in deciding whether to allow the child to remain in England.
The court found that the child was settled in England, doing well in school with a decent network of friends. In the circumstances the court dismissed the father's application for the return of the child to Poland.
The mother was extremely pleased with the outcome. She had settled in England and was delighted that we had uncovered through our investigations the vital evidence from the Polish courts.