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International Family Law

The leading authority on international family law

25 MAY 2012

Tower Hamlets London Borough Council v MK [2012] EWHC 426 (Fam)

Jurisdiction - Brussels II Revised, article 10 - Care proceedings - Whether Polish authorities acquiesced in removal/retention

2 March 2012

Facts

Care proceedings involving 2 children (10 and 7 ¾) who were found by police living with 2 men, SK and KK in England. Children were born in Poland. Mother ("M") was Polish and suffered from alcoholism. The children's sibling was in a care home in Poland. M arranged for SK and KK to remove the children to England following a decision by the Polish court that the 2 children should join their sibling in the care home, and M's appeal against that decision then being rejected. SK was registered as the children's father, but the M, SK and KK claimed that KK was the child's father. Paternity testing revealed that KK was not either child's father. Care proceedings were started by Tower Hamlets London Borough Council. The Polish authorities did not seek the return of the children to Poland. M and KK made clear that they wanted the children to remain living in England. At a late stage, M put herself forward with KK as a carer for the children.

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