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'I just want to know she is safe' - Father dramatically withdraws from child 'abduction' case

Summary

In a High Court appeal-stage proceeding, an unnamed father who had sought orders directing the State to assist in the return of his daughter from Poland dramatically withdrew his legal proceedings immediately after winning a ruling against the State. The man, who cannot be identified to protect the child's identity, had accused the State of abandoning his rights after the child's mother took her to Poland in February 2024 without his consent. Despite holding a valid Polish return order since May, he claimed he had made 11 unsuccessful attempts to locate his daughter. The State, represented by Gerard Durkan SC, had argued that Irish authorities were bound by Hague and Vienna Conventions to respect Polish sovereignty and that it was up to Polish authorities to execute the return order. Mr Justice Garrett Simons refused the State's motion to strike out the case, stating it involved significant legal issues of public interest that must go to trial. However, immediately following this favorable ruling, the appellant stated he no longer wished to continue, citing a lack of time and a desire to stop filing paperwork. He expressed that he only wanted to know his daughter was safe. Mr Justice Simons acknowledged the situation as a "nightmare" for the man, gave him two weeks to reconsider if he wanted to continue with the case, and then adjourned the matter.

Who, what, where, when and why

What: Report matter: 'I just want to know she is safe' - Father dramatically withdraws from child 'abduction' case. Procedural stage: appeal

When:

• February 2024 Hearing Or Sentence
• 2025-10-21 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report