The court is to find the will of the kid taken out

This is the core of the latest SN resolution. The issue arose in a case where the father of 2 children (10 and 11 years old), residing in the United Kingdom, asked the Polish court to order them to return to their permanent residence, where their parent left with them the day before the court ordered them to leave for Poland. The father is simply a Ghanaian citizen, the parent has Polish citizenship, while the children have British and Polish citizenship.

Children reported problems in the household at school, including home force and drinking by parents, among whom there were respective proceedings against this background.

The territory Court has assessed that the Convention on the civilian Aspects of kid Abduction abroad applies in this case and that there has been an unlawful kid abduction. However, they expressed a conscious and motivated objection to returning to Britain due to the fact that they fear their father. It is so impossible to take account of his proposal.

In the opinion of the Court of Appeal, children were manipulated in Britain by their grandmother. Since their arrival in Poland, they stay under the care of their parent and her relatives, and have no contact with their father. Under this influence they express false judgments about home force and alcoholism. In addition, the expert scientist concluded that they do not present their own position on staying in Poland. The SA so took into account the request.

The lawyer General filed an extraordinary complaint, accusing the SA of narrowing down the grounds for refusing to quit the child. SN in the composition of presidents Małgorzata Manowska and Joanna Misztal-Konecka and justice Beata Janiszewska took into account the complaint, ordering SA to re-examine the case. The SN explained that the negative condition for ordering the return of a kid from Article 13(1)(b) of the Convention is not limited to situations where the kid is threatened by force on the part of the individual requesting the return. The scope of situations that may pose a serious hazard of physical or intellectual harm to a kid or of putting him or her in an unbearable situation is wider. The reason for the child's refusal to return is that they have the ability to express their opinion, without the influence of manipulation, which can happen despite appropriate maturity. The court should then search to find the will of a insignificant who is not affected by others.

File number: I CSKP 511/21