Tag Archives: Law ignored

Enforcing the law in Poland – the theory and reality

It’s a holiday season – Christmas, Santa Claus, presents, egg nog, etc – but forgive me if I don’t feel festive. It has been five (5) months since the District Appeal Court in Gdansk has issued its final ruling on my Hague Convention application to return the children to USA – and my children are still in Poland! One would think that it’s impossible. How can it be?

The simple reality is, that my wife went into hiding with the children. She insists that the children are her “sole property” and that the current situation she is putting them in is a healthy one. Sadly, a lot of people in Poland’s legal system seems to agree with her. Others seem to be helpless. Continue reading

Www.gazeta.pl describes what really happened during the recovery of the children

Www.gazeta.pl in today’s article (June 14,2001) described what really happened when Natalia J. was trying to execute her legal court order in Kielce, Poland last week.

The article in the www.gazeta.pl clearely describes, how it was due to the father’s illegal activities and inaction of the Polish goverment agencies, that the transition of the children between the parents did not take proceed in a rational manner. American Embassy in Warsaw has already sent an official diplomatic protest to the Polish Ministry of Foreign Affairs regarding the way the whole incident was handled by the Polish authorities.
Here is the full text (sorry for the time being Polish version only):

Polacy źle potraktowali dzieci

Ambasada amerykańska protestuje przeciwko sposobowi, w jaki polski wymiar sprawiedliwości przekazał matce dzieci, wywiezione 2,5 roku temu ze Stanów Zjednoczonych przez ojca. Continue reading

Polish Human Rights Commissioner letter to Polish Ministry of Justice

On September 5th, 2000 Polish Human Rights Comissioner (Ombudsman) has contacted the Minister of Justice of Poland in regards to the execution of courts orders in cases where a child was abducted to Poland.

Ombudsman informed the Minister, that even though the procedure is documented in details by Polish law, and Polish government guarantees assistance, children are not forcefully return to parents abroad.

Complains received by Ombudsman suggest that parents have considerable difficulty in obtaining support during the execution of court orders. Courts do not execute its own decisions, and in the entire multi-step process there are in fact more remedies to the abductor parents. This situation compromises the credibility of Polish courts and Poland.

For more information click here (in Polish)

Matthew and Cynthia Janowski kidnapped to Poland by their father

A Wanaque man who sold his family’s possessions and fled the country with his two U.S. born children in late-January 1999 has been indicted for child-custody interference. Cezary Janowki, 36, fled to his native Poland with his 3-year old daughter and 6-year old son to escape a faltering marriage. Continue reading