My last story was on the 2007 Compliance (or rather lack of) Report on Hague Convention Cases prepared by the US State Department. I didn't realize (the time flies so fast) that the 2008 report was about to be released. Well, I found it today on the State Department web site.

As expected Poland as usual was listed in the top of shame list of countries with a pattern of non-compliance. What does need to do to qualify in such a distinction? Well, the country (such as Poland) has to fail in 2 out of 3 compliance areas:
1. Central Authority performance
2. Judicial performance
3. Law Enforcement performance.

It is almost impossible to fail all free (as the report concludes), and Honduras was the only country that was able to achieve that kind of "excellence" in lawlessness.

Poland with Germany and 5 other third world countries (Bulgaria, Brazil, Chile ...) took a very close second. The only reason that all of them did not get placed in the top group was, that US State Department couldn't embarrass other Central Authorities bureaucrats for their lack of cooperation. My question is - WHY NOT? After 10 years of observing Polish Central Authority performance, I have to question this line of assessments.

Poland demonstrated patterns of noncompliance in FY 2007. Specifically, compliance failures in Poland stem from the Polish courts inability to enforce court ordered returns under the Convention. In more than one case, Polish authorities were unable to locate the children and their taking parents after courts ordered the return of a child. Law enforcement in Poland is limited by the fact that neither parental abduction nor the failure to comply with a Convention return order is a criminal offense in Poland. Consequently, Polish authorities have fewer investigative resources available to locate children and their taking parents. For several years, the Polish Central Authority has told the USCA that they intend to propose legislation to criminalize parental abduction, but the USCA is not yet aware that such legislation has been introduced.

The latest report published by the U.S. Department of State was issued in April of 2007. Poland was listed as one of 7 countries demonstrating pattern of noncompliance (one step below the “grand prize winner” of this report - Honduras.

In secion about Poland the U.S. State Department writes:

It seems that the Polish Courts found a way out to keep the children in Poland, even after the abducting parent was initially order to return the child back to their homes abroad.

After a 3rd instance appeals have been removed by the Polish legislature for the family disputes (divorces, custody cases, Hague Convention cases…), the Polish judges of the regional courts feel that ignoring the Hague Convention Law is a valid option, and … they (the judges) are not afraid to use it.

In my case, the final court order to return my children: Amelia and Daniel back to their home in California, was issued in late 2001( after 2 years of judication!) and … nothing happened. Polish family court “tried” to enforce the order, but had no much “luck” or will - the mother decided to ignore it and go into hiding, the local police could not find her for 5 years , and the responsible judge refused to grant the permission to publish my children’s pictures in the media…).

Finally, in late 2005 the judges of the Appalled District Court in Gdańsk decided that the best way for the case to “clear their plates” is to … break the law (article 16 in particular), suspend the “final” Hague Convention order for return, and push for the divorce case where they “suggested” to the presiding over divorce case judge that the custody should be given to the mother (!).

The question should be asked, what really motivated such push to clearly violate the existing law? Is it arrogance? Is it ignorance? Or, is it simply another case of ….I will let you figure it out what I am thinking about. Surely, the voiced concern for the children takes the back seat in this case - I dare you to convince me, that teaching my children to disobey the law, is a good thing .

Any one more bit information for American judges, as they have to decide on custody issues here in the U.S. - In Poland, there is no such thing as a parental kidnapping, there is no contempt of court charges, and family / civil court orders are ignored on regular bases. This is a FACT (ask the our State Department's Office of Children Issues), and I can prove all of this. If YOU decide to let a parent with the Polish citizenship leave this country, the left-behind parent has little or no chance to recover or even see this child AGAIN. I hope this is going to change, and I will do my best to make it happen, but for the time being why take any chances?

Hello all ,just a short note from an Australian Parent trying to get my child back into my life.

The way Poland has handled my Hague Convention case can only be described as disgraceful.

I went to visit him last month and the Polish courts have granted 100% custody to the mother even though he is not Polish citizen and the Hague Convention strictly prohibits any custody decision until H.C is decided. The Hague case has been going for years now even though the mother has produced no evidence or reason of why he should not be returned to his home country. After completing a hearing in Australia the transcripts took a month to travel from the Polish CA to the court dealing with the case in Poznan even if they sent it via horse and cart it couldn't take that long! Now they are suggesting it will take a month just to translate them ??

The mother is using an inocent child as a chess piece in her quest for money even though she has taken a house in Poland which I paid for already.

She is a very crazy and angry woman and I worry every day about what physiological damage is being done to my baby boy.

To all you other parents out there going through such a horrible experience my thoughts and prayers are with you.

Regards, Dan.