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Court rules out extradition of Polish siblings to Britain

Two Polish children, a brother and sister, will remain with their mother in Poland and will not be extradited to Britain to be with their father, a Ghanaian national, a Warsaw appeals court has ruled.

The ruling, which was preceded by legal moves in the matter by the Polish Prosecutor General, overturned an appeal for the children’s relocation to Britain filed by the children’s father.

According to prosecutors, proceedings in the case were initiated by the children’s father on the basis of the 1980 Hague Convention. In April 2020, a district court in Katowice, southern Poland, ruled against the siblings’ relocation to Britain, stating that such a move could be an excessive mental shock for them.

The court said the children had repeatedly stated their wish to remain in Poland with their mother, and reacted traumatically to any mention of being reunited with their father, who is said to have been aggressive towards both the children and their mother.

The father appealed the verdict and, on October 22, 2020, a Warsaw appeals court ruled that the children should go to Britain on grounds of insufficient evidence that they actually wanted to live in Poland.

This ruling in turn was contested by Poland’s General Prosecutor and Justice Minister Zbigniew Ziobro on material law breach and procedural grounds, and was overturned, leading to the present ruling, which ultimately seals the children’s legal residence in Poland.


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