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Polish mum wants to take child back to Poland


Sw2
28 Mar 2014 #1
My friend whose polish has a young child with her partner who is also polish. Both of them and there child have polish passports. There child was born in the UK and they both reside here. unfortunately there relationship is awful she has been working nights to support them and then looking after the child during the day as well she's been surviving with little sleep. He had a good job but gave it up as he realised he would get more money on benefits, she often comes home and find him either still drunk or hungover when he is supposed to be looking after their child, shes also found out he is claiming benefits illiegally and She's had enough and dosnt want to be with him anymore, she has no family in the UK and wants to go back home to poland and is planning to leave him when she goes back for a holiday and not come back to the uk. He is not the sort of person you can reason with and would stop her going physically . He has little interest in his child as it is and prefers to drink with friends. Can he make her come back with the child or would the courts protect her due to his behaviour and way of life .
cms 9 | 1,271
28 Mar 2014 #2
I don't know the legal position but courts in Poland work really slowly and by creating facts on the ground then she will put herself in a stronger position by doing that.

What would be handy would be to document her boyfriends drinking and get some witnesses both Brits and Poles who would back her up.
Harry
28 Mar 2014 #3
Can he make her come back with the child

Not a chance.
rozumiemnic 8 | 3,827
28 Mar 2014 #4
from what you say SW2, he would not care enough to put the court process into action.
also, if she is going out to work and leaving the child in his care, and he is getting drunk, and social services got wind of it, she could be in a whole lot of trouble, and have her child removed from her care.

not wishing to scaremonger, but as a friend i think you should advise her to go home with her child, ASAP.
Harry
28 Mar 2014 #5
also, if she is going out to work and leaving the child in his care, and he is getting drunk, and social services got wind of it, she could be in a whole lot of trouble, and have her child removed from her care.

A very very good point.
Although we all know that the Polish court won't care at all about the decision of the UK social services.
Ant63 11 | 403
28 Mar 2014 #6
Sw2:Can he make her come back with the child
Not a chance.

If she leaves without his consent then its parental abduction. The law will be on his side. I believe the law has changed in Poland and it is now possible to abduct your own child.

For the sake of £200 at the county court she should do it right in the first instance and then be able to sleep at night not worrying who is going to knock the door.
OP Sw2
28 Mar 2014 #7
That's what I've told her, I think he will threaten all sorts verbally but he's such a lazy lout that I can't see him bothering! She should be back there within the month she's trying to get away safely and not let anything on..it's all very stressful ill be glad when she's back with her parents .

She has consent to go on holiday with the child, but she's not coming back so it would be the lesser charge of wrongful retention and not abduction. Yes in an ideal world she should go through the court, they arnt married but his name is unfortunately on birth certificate , she's not in a safe enough situation to stay and fight in the courts plus there are other added complications that Are meaning she has to leave within a certain period .
gjene 14 | 203
28 Mar 2014 #8
Can her parents come for 3 or 4 days and stay at a b & b ? this way, they can take the child off of her hands and she can tell the boyfriend that a 'friend' of hers is babysitting the child. That way the child is out of harms way with someone that she can trust. Also, see if she can get a video camera set up to record what goes on behind her back. While what ever evidence that is recorded may (or may not) help in court, but it may substantiate her side when it comes to getting legal advice. I forget if it was here in Canada or the U.S. where a parent got charged with the death of a baby from shaking baby syndrome.
Less777 - | 50
29 Mar 2014 #9
That's what I've told her,

What are you to her if you don't mind me asking?
Ant63 11 | 403
30 Mar 2014 #10
so it would be the lesser charge of wrongful retention and not abduction.

Its abduction no matter which way you want to dress it up.

they arnt married but his name is unfortunately on birth certificate

It does not matter if it is or isn't on the certificate.

she's not in a safe enough situation to stay and fight in the courts

If she is living in the UK then this is not an excuse. There are many support organisations to assist in "real" situations.

My advice to you is contact reunite.org as a matter of urgency and follow their advice to the letter. If you don't, then expect life to be hell for a minimum of three years.

Good luck. You will need it. By the way being involved in the abduction of a minor could land you with a minimum 2.5years in Poland. You are already assisting.


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