The High Court has dismissed proceedings by an Irish father who sought orders compelling the Government to take further action to secure the return of his young daughter from Poland.
The father, identified as AB, said his wife CD unlawfully removed their daughter EF from their home in Ireland to Poland in March 2024. The child, who was born in County Kerry and is now about four and a half, is an Irish citizen and also holds Polish and British passports.
AB successfully pursued return proceedings under the Hague Convention in Poland. A Polish regional court ordered EF’s return to Ireland in October 2024. Her mother’s appeal was dismissed in March 2025, and the Polish Supreme Court refused to accept a further cassation complaint brought by the Polish Commissioner for Children in January 2026.
However, Polish enforcement authorities have repeatedly been unable to locate the child. The judgment records numerous unsuccessful collection attempts and states that AB still did not know his daughter’s whereabouts or condition when the case was decided.
The position was further complicated in March 2026 when the Polish Commissioner for Children informed AB that it intended to bring an extraordinary complaint which, under Polish procedural law, would suspend enforcement of the return order while that process continued.
AB asked the High Court to direct the Taoiseach and relevant ministers to take diplomatic, legal, welfare and EU-level measures to secure his daughter’s return.
Mr Justice Bradley held that those orders could not be made. Under the Hague Convention and EU rules, enforcement of the Polish return order lies with the Polish authorities. The Irish Government cannot direct how Polish authorities exercise their domestic enforcement powers.
The court also found that Irish officials had provided extensive consular and diplomatic assistance, including repeated engagement with Polish authorities.
The ruling does not disturb the Polish return orders or determine the child’s eventual return. It decides only that the particular mandatory, declaratory and damages relief sought against the Irish Government is unavailable in these proceedings.