In a landmark ruling, the High Court has refused to return two children to their father in Poland under the 1980 Hague Convention on International Child Abduction, concluding that such a move would cause grave risk of harm and be against their best interests.

Background

The case involved two children — referred to as T (9) and H (6) — who had lived in Poland most of their lives. In July 2024, both parents brought the children to England for what was intended as a family holiday.

However, the children’s British mother decided to remain in the UK after confiding in relatives about an alleged history of emotional and physical abuse by the father — allegations which he denied.

He subsequently filed for the children’s return under the Hague Convention, which generally mandates that abducted children be swiftly returned to their country of habitual residence.

Initial Return Order and Mother’s Appeal

In December 2024, a judge ordered the children’s return to Poland.
The mother then applied to set aside the order, citing a sharp decline in her mental health and her inability to return to Poland with the children.

Sitting as Deputy High Court Judge, Mr Nicholas Allen KC noted:

“Despite my conclusion that the decline in M’s mental health does not amount to a fundamental change in circumstances, my assessment is that M will not return to Poland with the children.”

Key Legal Finding – Article 13(b)

The judge emphasised that if the mother remained in England, the children would likely end up in the care of Polish social services — a situation that was:

• Uncertain in nature

• Potentially traumatic for the children

• Lacking parental support in a foreign care system

This, he ruled, met the Article 13(b) threshold of the Hague Convention, which permits non-return if doing so would expose the child to a grave risk of physical or psychological harm or otherwise place them in an intolerable situation.

“No one ever intended that an instrument designed to secure the protection of children… should itself be turned into an instrument of harm.”

Final Decision

The court ruled in favour of the mother, finding that:

• The father could not safely take care of the children alone

• The mother’s inability to return was credible and serious

• The impact on the children from being separated from their mother and placed in care would be potentially damaging