BPS act in International Children Dispute
Betesh Partnership Matrimonial Department is currently acting on behalf of a client who has commenced proceedings under the Hague Convention on the Civil Aspects of International Child Abduction. The child in question has been illegally removed from her usual place of residence in the UK and abducted to Poland. The English Father is presently seeking a Return Order from the Polish Courts.
The Polish Mother seeks to defend proceedings under Article 13 (b) of the Convention, on grounds that there is a grave risk that the return of the child would expose her to physical or psychological harm. The Matrimonial Department is currently liaising closely with the client’s Polish legal team together with the International Child Abduction & Contact Unit in the UK, to secure the prompt return of the wrongfully retained child.
One of the members of the team attended the first two day hearing in Poland and will be travelling to Poland again within the next few weeks for the final determination of the Polish Court. In the event of a non-return Order, the Matrimonial Department will take instructions to commence proceedings under The Revised Brussels II Regulations, which will include making an application to the English Court to determine the Residence of the Child.
If this application proves successful, it will ensure the return of the child, notwithstanding any previous non-return Order of the Polish Courts. The complex and delicate nature of Child Abduction proceedings require the unfaltering dedication of the Matrimonial Department, with fee earners understanding the need to be accessible to clients outside of office hours on numerous occasions. Clients are handled with the upmost sensitivity and compassion, whilst in contrast the applications made on their behalf are pursued in a rigorous and robust manner.