G (A Child) (Abduction: Poland), Re

G (A Child) (Abduction: Poland), Re

The father's allegations lacked sufficient detail and corroboration to meet the high threshold of grave risk under Article 13(b); the mother offered undertakings and evidence of support in Poland, and the court found no grave risk or intolerable situation preventing the child's return.

Parties
Applicant: FK; Respondent: PK
Jurisdiction
England and Wales
Judgment Date
17 November 2025
Procedural Posture
Child Abduction (hague Convention) / Final Determination
Outcome
Application granted; order for summary return of the child to Poland under the Hague Convention.
Legal Topics
Child Abduction, Hague Convention, Summary Return, Article 13(b) Exception, Habitual Residence
Family Law International Law Child Abduction Hague Convention Summary Return Article 13(b) Exception Habitual Residence

Case Brief

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Parties

FK

Applicant

PK

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Determination

Legal Issues

  1. 1 Whether the father has established a grave risk of harm or intolerable situation under Article 13(b) of the Hague Convention to prevent the child's return to Poland

Ratio Decidendi

The father's allegations lacked sufficient detail and corroboration to meet the high threshold of grave risk under Article 13(b); the mother offered undertakings and evidence of support in Poland, and the court found no grave risk or intolerable situation preventing the child's return.

Court Disposition

Application granted; order for summary return of the child to Poland under the Hague Convention.

Orders

  • G to be returned to Poland.
  • Mother to provide undertakings: not to pursue prosecution of father in Poland, not to physically or verbally abuse G, not to leave G in maternal grandmother's care if she has been drinking alcohol, to restart speech and language therapy and neuropsychologist sessions for G in Poland.