P v A (Summary Return)

P v A (Summary Return)

The removal of A from Poland to England was wrongful because the father had rights of custody under Polish law, including a right of veto, which were breached by the mother's unilateral action. There was no consent to removal, and the child did not object to return. No exceptions under Article 13 applied. The Court must order A's return to Poland under the Hague Convention.

Parties
Applicant: P; Respondent: A
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
International Child Abduction (hague Convention) / Judgment on Application for Summary Return of Child
Outcome
Application granted; order for return of child to Poland
Legal Topics
International Child Abduction, Hague Convention, Custody Rights, Habitual Residence, Summary Return
Family Law International Law International Child Abduction Hague Convention Custody Rights Habitual Residence Summary Return

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

P

Applicant

A

Respondent

Procedural Posture

International Child Abduction (hague Convention) / Judgment on Application for Summary Return of Child

Legal Issues

  1. 1 Whether the removal of A from Poland to England was wrongful under the Hague Convention
  2. 2 Whether the father had rights of custody under Polish law amounting to a right of veto
  3. 3 Whether the child objects to return

Ratio Decidendi

The removal of A from Poland to England was wrongful because the father had rights of custody under Polish law, including a right of veto, which were breached by the mother's unilateral action. There was no consent to removal, and the child did not object to return. No exceptions under Article 13 applied. The Court must order A's return to Poland under the Hague Convention.

Court Disposition

Application granted; order for return of child to Poland

Orders

  • A is to be returned to Poland forthwith
  • No basis to exercise discretion to allow A to stay in England