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England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> Juszkiewicz v Juszkiewicz  EWHC 997 (Fam) (20 April 2018)
Cite as:  EWHC 997 (Fam)
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(Sitting throughout in Public)
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MRS I RAWAT (Direct Access) appeared on behalf of the Respondent.
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MR JUSTICE HOLMAN:
"I explained to him that I was struggling too much financially and practically and that I had friends in the UK who could help me get a decent job and it would be better for N rather than struggling in Poland. The applicant did not agree so I said that I would take legal advice."
Further on at paragraph 39 of her statement, she says:
"I did not think that I had to apply to the Polish courts because I had custody of N and because I was assured by the lawyers. I know for certain that if I did, the applicant would again use very aggressive lawyers to intimidate and suppress me. I would not be able to afford to fight him."
"...it is apparent from my meeting with her that she does not object to a return to Poland. She provided a positive picture of Poland and her life and relationships there."
"She misses her maternal grandparents very much. She also misses her cousins and their parents who are her uncle and aunty."
"I asked on a scale of 1 to 10, with 10 being very much, how she felt about staying in England. She said 5. The reason she gave for the score was she misses her maternal grandparents. Her grandfather makes her laugh. I asked if there was anything about Poland or being with her father that she did not like. There is not anything."
"Whilst she has much to say that is positive about her life in Poland and her life in the United Kingdom, it would appear she is missing her family in Poland and the activities she undertook with her father."
"During our meeting, N did not disclose anything of concern about her father's behaviour."
"A court cannot refuse to return a child on the basis of Article 13b of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return."