Judgment of the Supreme Court on the return of a child relocated without the father’s consent from the Republic of Poland to Ukraine (case № 127/17880/22)

This judgment concerns a dispute between the parents of a minor child regarding her place of residence and custody following her relocation from Poland to Ukraine. The father, a Polish citizen, filed a lawsuit requesting the return of the child to Poland, citing provisions of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The mother opposed the claim, arguing that the child’s stay in Ukraine was in her best interests, as the child had adapted to the new environment, was living with her mother, and had developed a secure attachment to her.

The court of first instance dismissed the father’s claim, reasoning that returning the child to Poland would pose a serious risk of psychological and physical harm. The appellate court overturned this judgement, partially granting the father’s claim by declaring the child’s retention in Ukraine unlawful and ordering the mother to return the child to Poland. The appellate court highlighted that the child’s relocation from Poland to Ukraine was carried out without the father’s consent, violating his custodial rights under Polish law.

The Supreme Court upheld the appellate court’s judgment, concluding that returning the child to Poland aligns with her best interests, given her habitual residence prior to the relocation. The Court noted that the mother did not provide sufficient evidence of a serious risk to the child in the event of her return to Poland, nor any significant barriers preventing the mother from residing in Poland with the child.

This judgement underscores the importance of Ukraine’s compliance with its international obligations under the 1980 Hague Convention and emphasizes the need to balance the child’s best interests with the rights of both parents. The decision is final, comes into force immediately upon its pronouncement, and cannot be appealed.