Polish media defend Polish mother who “returned” with children to Poland….as usual.

Two girls abducted from Spain to Poland by their mother, have been ordered to be returned to their father by court in Suwalki, before the appeal process is finished.

This story is an example where a Polish court did something right and decided to order the return of two girls from Poland to Spain. The mother of 7 year old Nicole and 4 year old Daria, Iwona Czygier, decided to “return” to Poland, claiming to have received the permission of the Spanish father. The court decided differently.

As this case indicates, both girls CAN be returned to Spain immediately, and the need for the appeal process to be finished is not required. This is something new, as far as I know.  The case seems to be very typical: mother could not find herself in a new country, and after problems with the father of her children reached “the point of no return”, she packed both daughters and left Spain for Poland. The parents are not married, but still, the Polish court in Suwalki decided that both girls must return back to Spain.  Ms. Iwona Czygier, the mother, refuses to return with the girls back to Spain, as she sees no future for herself there.
The article claims that both girls want to stay with the mother, and since she refused to go back with them, this qualifies as an exception included in article 13b of the Hague Convention. Article 13b gives courts right to refuse the order to return if

there is a grave risk that his or her return would expose the child to physical or psychological
harm or otherwise place the child in an intolerable situation

It is the most abused article of the convention by all countries, since its clearly vague wording seem to leave a lot of room for interpretation[…and boy, most judges in EU are VERY loose on over-interpreting the above sentence].
However, this gentleman has not done his homework, and did not learn what the Polish and worldwide legal practices and precedents say about rules in application of article 13b.  All legal scholars and high courts insist on a very narrow and strict application of the exception included in article 13b. As the decision of court in Suwalki proved, the mere refusal to return with the children by the abducting parent  cannot be used as a valid condition for 13b. Same goes for alleged psychological harm being done due to the separation of the children from the abducting parent. The stupidity of this argument is so unbelievable, that it shows how irrational the person invoking it is: “separating my children from me is harmful, but separating from the father is … good, actually, very good!“.

Continue reading “Polish media defend Polish mother who “returned” with children to Poland….as usual.”

Canadian children who still have to be returned by Poland – Poland’s hypocrisy still alive and kicking.

Few thoughts on corruption in Poland and its effect on parental child abductions; case of Steven Watkins still not resolved.

Poland through the windows of a train.

As I did my periodical google search on news about international abductions today, one of the old and familiar cases popped out. The case of Stephen Watkins of Canada and his two abducted boys, who were illegally retained by a corrupt Polish judges with their national socialist mentality that considers every child abducted to their country to be a “Polish” child. Sounds familiar (can you spell P-u-t-i-n)?

According to the article I found today, there are still 240 unresolved cases of international parental child kidnappings in Canada. There are thousands in USA. Poland after being a signatory to the Hague Convention on the Civil Aspects of International Child Abduction since 1995 is still in the top of offenders in international rankings of the implementation of this law.

It is a major problem, but it is only a reflection of a bigger issue that is facing my native Poland.

I keep hammering the the basic problem that I have with my native Poland, and its current and previous regimes. The Prime Minister of Poland, Donald Tusk, has been tooting his horn  Continue reading “Canadian children who still have to be returned by Poland – Poland’s hypocrisy still alive and kicking.”

Gazeta Wyborcza is back paddling on the “poor mother, who lost her children” story; changed to “Why did she have to lie”

Marta Swiniarska - dlaczego kłamałamWhat two days can bring! It is simply amazing.

Up till not recently, the pages of Gazeta Wyborcza [let me call them GW from now on] were infested with articles of  a yet another “poor” (but pretty and naturally Polish) mother, who “decided to return back to her native Poland”, and later to be  “victimized by heartless judges” who decided to go against the popular wisdom, and had ordered the return of “returning” Crystal (now Krysia) back to Cyprus, to her “evil” father, Craig Michael. One point of order was to prove that Marta Swiniarska, the mother turned kidnapper, was the victim, and Craig Michael, the father living in Cyprus, was the villain. No problem there.

Since 2011, when the abduction took place, and later, when the Polish Zomo member-turned-detective-with-no license-turned-newest-Casanova-for the-low information-voters-hero tried and failed to kidnap-the second daughter, a.k.a. Krzysztof Rutkowski, GW was constantly beating the drums of the “poor-but-pretty” mother side.  There were articles documenting the entire court battle, as if it was a Roman arena with gladiators and chariots inside, and the judges pointing their fingers down, to sacrifice yet another victimized “lamb” to the inhuman lust for blood.  It was such an easy material to sell Continue reading “Gazeta Wyborcza is back paddling on the “poor mother, who lost her children” story; changed to “Why did she have to lie””

There ARE some good judges and prosecutors in Poland.

As I continue watching a new case of another child abducted to Poland (Anika Kamiński) , I realized one thing:  I have never acknowledged a group of judges and prosecutors who ARE doing their jobs in Poland. Attorneys who DO follow the law in regards to Hague Convention cases. Many times going against their own colleagues, Polish  media, and very common, blind Polish nationalism. Many times these representatives of the law in Poland,  dearly pay with their personal carriers, and are being discriminated by politicians and corrupt bosses.

Up till now, I never used names of any particular individuals, who were involved in my cases throughout the years. I did see any reason to create any unnecessary  spectacle. I simply believed that keeping things in the courts, without media circus would be best for the case and the children. I only went to Polish media twice, in order to solicit their help in finding my children.  Telling my story publicly, was the price that the newspapers demanded in exchange for publishing the pictures of Amelia and Daniel .  Story that came out were slanted towards the mother, but still,  I thought worth the price of getting the message out.

Today however, since the Hague Convention law became irrelevant  in my case (see my article The day your abducted child turns 16, US goverment sends you a sad letter.) I decided, that it is the time to break my silence,. At least,  acknowledging the good, if not name the bad or corrupt (I am still thinking about it), must be done. It is the right thing to do.

I my case, the example of good is represented by  Judge Hanna Ostaszewska, who originally adjudicated my Hague Convention application case in Regional Family Court in  Gdańsk. She is one that  needs to be recognized at this time. Continue reading “There ARE some good judges and prosecutors in Poland.”

The way Polish legal system works or doesn’t

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.

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 children’s pictures in the media…). Continue reading “The way Polish legal system works or doesn’t”