T, Re Order under the Child Abduction and Custody Act 1985

[1 ] The parties are Polish. They were married and divorced in Poland on 30 October 1993 and 19 March 2004 respectively. They have two children, both born in Poland , a daughter K and a son M, born on 28 March 1993 and 1 June 1999 respectively.

[2 ] The divorce decree granted by the Polish court as translated was in the following terms:

"2. Rules that the respondent [the mother] shall exercise the parental authority over the minor children: K born on March 28 1993 and M born on June 1 1999 and the petitioner's [the father's] parental authority shall be limited to co-decision-making in choosing school and profession and choosing the method of treatment in case of serious illness and that the respondent shall inform the [petitioner] of the minor children at the petitioner's demand and give him periodic information and shall give ready ear to the petitioner's remarks ...

Determines the access of the petitioner [the father] to minor children K and M on Wednesday and Saturday each week from 4 p.m. to 7 p.m. and every second week from Friday 4 p.m. to Sunday 7 p.m.; the petitioner is entitled to take the minor children outside their place of residence ..."

[3 ] In 2006, the respondent came to Scotland seeking employment. She managed to find a job and accommodation. She wished to remain in Scotland , and to have her children live with her. On 17 August 2006 , the children were brought to Scotland by their maternal grandmother, to join their mother.