BK v NK

Family proceedings – Orders in family proceedings. The Family Division held that the father had 'rights of custody' under art 3 of the Hague Convention and the Civil Aspects of International Child Abduction 1980 in respect of his child and therefore he was entitled to apply for a return order for the child to Poland following the mother's removal of the child to the United Kingdom. As the mother had failed to make out the defence under art 13(b) of the Convention, the father was entitled to the return order that he sought however the order would be suspended, to allow for the mother to apply to the Polish courts for permission to bring the child to the UK.

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