It seems that Polish courts found a way to keep the children in Poland, even after the abducting parent was initially order to return the child back to their homes abroad, and is still obligated to do so.
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 very long years of adjudication!) and nothing happened. Polish family court tried to enforce the order, but had no much luck or will – the mother decided to ignore it; she went into hiding, and the local police “could not find” her for over 5 years; the responsible judge refused to grant the permission to publish my childrens 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 itself (article 16 in particular), suspending 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 violate the existing law? Is it clear arrogance? Is it benign ignorance? Or, is it simply another case of I-will-let-you figure-it-out-what-I-am-thinking-about or “You-can-kiss-me-where-the-sun-don’t-shine” attitude. 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 .
And, one more bit of 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?