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K & Ors v K [2021] EWHC 1846 (Fam)

9th July 2021

Judgment: An appeal was brought by a father, and separately by his three children, against the registration in 2020 of a Polish custody order from 2016, which had vested custody and care of the children with the mother in Poland. The children were currently in the care of their father and living in England. He had not returned them after a summer holiday visit in 2019. The mother had sought summary return in 2020, and the application had been refused, due to objections and risks relevant to Article 13 of the Hague Convention 1980. Cobb J allowed the appeal. He was satisfied that that the father and the children had made good their case for the court to not recognise the Polish custody order. The December 2016 order was irreconcilable with a later judgment relating to parental responsibility given in Poland in May 2021. Also, the judgment refusing summary return was "a later judgment relating to parental responsibility given in the Member State in which recognition is sought", per Article 23(e), which was irreconcilable with the December 2016 Order. If he were wrong on either of those points, he was satisfied that it would be contrary to public policy to recognise and enforce an order made in a Member State which was contrary to a finding of this court that an Article 13(b) 1980 Hague Convention exception had been made out. Accordingly, the order for registration was set aside.