A court has ruled that two children should remain with their mother even though she abducted them and retained them unlawfully. 

Case Background 

A Polish couple moved to Scotland with their son in 2013, later having a second son. The family returned to Poland in 2021, but the couple separated. The mother brought the children to Scotland for a holiday in January 2023 but did not return them. 

Legal Proceedings 

The father began legal proceedings for their return under the Hague Convention on the Civil Aspects of International Child Abduction 1980 art.3. The mother and son opposed the return, citing the father’s abusive behavior and the son’s mental health issues. 

Court’s Decision 

The court took into account that both children objected to returning to Poland and were of an age and maturity to have their views considered. The older son identified as Scottish, had friends in Scotland, and his mental health had improved since returning. The younger son also considered himself Scottish and had concerns about his school in Poland. 

The court found it was not in the children’s interest to be separated from their mother or each other. Concerns about the father’s behavior and potential harm from returning to Poland led to the decision for the children to remain in Scotland.