Family Law Hub

WX v YZ & Anor [2020] EWHC 1782 (Fam)

The final hearing of the mother's application for her daughter's summary return to Poland pursuant to the 1980 Hague Convention or, alternatively, the inherent jurisdiction. In 2012, the mother had wrongfully removed the child from England, but the Polish court had found a defence under Article 13(b) to be made out. In 2015, the father had wrongfully removed the daughter from Poland, where she was at that time habitually resident, using a covertly acquired Algerian passport for her. The mother's 1980 Hague Convention application in England had led to a collection order in 2020, but she had needed to return to Poland and the child had returned to the father's care. The mother conceded during this hearing that, given her daughter's objections to a return to Poland, her applications could not succeed. The daughter urgently required finality as to where she would be living and with whom, said Gwynneth Knowles J, and that would be achieved by permitting the mother to withdraw her application. However, both parents needed to hear what their daughter was saying about contact and adapt themselves accordingly.


Published: 12/07/2020

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