A recent case has highlighted the difficulties of international agreements between countries in relation to child abduction. If a child’s home is England, and the child is removed from England by a parent without a Court Order and the agreement of the other parent, the Court in England can order the child to be returned to England. If the other country has signed the Hague Convention, then they are supposed to respect the English order and order the child to be returned to England.
In the case of Nowacki v Nowacki in Canada, the Canadian Court had ordered the return of a child abducted by his mother to Poland. The Polish courts knew that the court in Canada had ordered the child to be returned, and under the Hague Convention should have ordered the child returned to Canada. However, said that because the child had health problems they would not order it. The Judge in Canada said “The failure of the courts of any nation to recognise the proper role of another in the protection of an abducted child weakens the network of protection that exists for all abducted children.”
We have a wealth of experience in dealing with cases with an international element. If you would like to discuss how this case could apply to your circumstances, please contact one of our family team on 01279 755 777.