C (Abduction: Article 13(b) & Child's Objections)

Christopher Hames QC and James Holmes (instructed by �Eskinazi & Co Solicitors)) for the Applicant Father Henry Setright QC and Jonathan Evans (instructed by Henry Hyams Solicitors) for the Respondent Mother Hearing dates: 7-9 February 2022 ____________________

The father does not deny that he sent this, and other, abusive messages to the mother: "The foul language in some messages was caused by my distress and a sense of helplessness in response to the present situation of separation from my daughter and my wife".

i) that the father had rights of custody ( Article 3 Hague Convention 1980 ) in respect of C in Poland, and that at the time of the removal, he was actually exercising them;

ii) immediately before the time of the removal, C was habitually resident in Poland;

iii) that the removal of C from Poland in September 2020 was wrongful under Article 3 Hague Convention;