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Re F (children)(abduction)

Case date: 22 February 2008



Introduction
An application by a father under the Hague Convention for the return of his children to Poland.

Details of the case

The father married the mother in 1994 in Poland. There were two children of the marriage, M, who was born on 28 December 1994 and, K, who was born on 23 March 1996. The marriage was dissolved in Poland. The mother was a dental surgeon. The father remarried and lived in Poland with his second wife and their young child. There were proceedings in Poland relating to the children.

In 2002, the mother was given 'parental authority' with restricted authority for the father, only to co-decide on their 'vital problems in connection with upbringing education and medical treatment'. He was also granted limited contact with the children.

Following disputes and difficulties in relation to contact, a further order was made in 2005, ordering family therapy and making the mother’s parental authority subject to court family curator supervision.

On 6 December 2006, the mother brought the children to England without telling the father. She gave evidence that she had left because the husband had failed to pay maintenance, the children were reluctant to fulfil contact visits, and because of financial difficulties.

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