Summary
The parties to the child abduction proceedings were Polish nationals.
They married in 1999 when their only child was born. The parents divorced in 2006. There was an order of the Polish court for the father’s contact with the child.
The mother and the child moved to Wales in August 2006. The father was not aware of the whereabouts of the child until April 2008.
The application for a summary return of children to Poland was made on 16th June 2008.
On 5th February 2009, the father’s application was dismissed by Holman J.
This was an appeal against his judgment.
The appeal was dismissed by the Court of Appeal. In this context, Lord Thorpe quoted Holman J as follows:
“80. I have, however, come to the decision, balancing all the factors, that this is indeed an exceptional case. However it has arisen, I do attach weight to the fact the P has now been here for eighteen months. I do attach weight to the fact that he is living in South Wales in an environment in which, now, the whole of his maternal family has settled. It does seem to me that it would be a very massive and damaging upheaval indeed for him if I were to require his return now to Poland ‘forthwith’. As he himself does reject so strongly and for articulated reasons to such a return, I propose to exercise a discretion to refuse to order the return of the child to Poland forthwith under Article 12 of the Convention.” [80] of the decision of the Holman J quoted by Lord Thorpe 2009] EWCA Civ 416 [5].