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Bizarre Custody Battle story

Mother in custody battle must return her son to Poland

A POLISH grandfather has secured a High Court order requiring his daughter, who came here with her nine- year-old son two years ago, to return the child to Poland pending the outcome of custody proceedings in their own country's courts.

The mother had wrongfully removed the child from the place of his habitual residence, Poland, Mr Justice John MacMenamin ruled.

He was delivering his reserved judgment on proceedings by the grandfather against his daughter over his grandson's removal from Poland in September 2006.

The boy's father had died shortly after the child's birth and the boy lived with his mother and grandparents until, it was alleged, the mother left the boy and moved away for a time.

In March 2004, the care of the boy was also transferred to his maternal grandmother, from whom the grandfather had divorced in 2003. The grandmother died in 2005 and the boy and his mother returned to live with the grandfather.

After the mother took the boy in late 2005 to live with her at another address in Poland, the grandfather took court proceedings. In December 2005, the Polish courts placed the boy in his foster care but the mother left with the boy for Ireland.

Mr Justice MacMenamin said it was clear that, at the time of the child's departure from Poland, the mother did not have parental rights as those rights had been the subject of several previous court orders, including one of December 2005 giving ongoing custody rights to the grandfather.

In line with the court's obligation to consider the child's wishes, the judge noted the boy had said he did not wish to return to Poland and wished to stay in Ireland with his mother who he said loved him and was very good to him.

While he was prepared to attach significant weight to the child's views, the judge said the child was not a mature independent nine-year-old and his views, on balance, were not a determining factor and were not so compelling as to justify an order refusing to return the child.


Re: Bizarre Custody Battle story

Sounds like a very sad story.