A High Court has rejected a case brought by an Irish father who accused the Polish State of “child-abduction” after his young daughter was taken to Poland by her mother without his consent two years ago.
The man, who cannot be identified, told the court last month that he has been separated from his daughter for 750 days, describing the experience as “horrific and frightening”, reports Breaking News.
He had applied for orders directing the Irish State to assist in locating his daughter in Poland and ensuring her safe return, arguing that authorities failed to intervene and uphold her rights as an Irish citizen.
In January, Poland’s Supreme Court dismissed a challenge by the country’s child ombudsman against a lower court decision ordering the child’s return, reports Breaking News.
However, the ombudsman subsequently lodged an “extraordinary complaint” against that ruling, potentially delaying the child’s return further.
The father, who represented himself in court, brought proceedings against the Taoiseach, the Minister for Justice, and the Minister for Foreign Affairs, reports Breaking News.
The child’s mother, his estranged wife, brought the girl to Poland—her home country—in March 2024 without his permission.
Although a court ordered the child’s return to Ireland, authorities in Poland have been unable to locate her, and the ombudsman has opposed her return, reports Breaking News.
In his ruling on Tuesday, Judge Bradley said Irish courts have previously referred to the Hague Convention on children’s rights, noting that “child abduction was a scourge which could cause untold distress to children and their parents and referenced the uncertainties which are a feature of all legal systems”.
He said the father’s correspondence reflected the severe distress he has experienced “in this most difficult of cases, reports Breaking News.
“Notwithstanding that the plaintiff has successfully prevailed at each level of the judicial process giving effect to the Hague Convention in Poland, the enforcement authorities in Poland have been unable to locate his daughter and give effect to the return order directed,” Judge Bradley said.
The judge noted that the father had sought “a series of orders” compelling the Irish Government to take steps in the ongoing Polish process to enforce the return order, reports Breaking News.
Dismissing the case, he stated: “The legal context and the facts outlined, confirm that none of the reliefs sought by the plaintiff in seeking to secure the enforcement and execution of the order (granted by the Polish courts) by the Polish authorities lie against the defendants in the exercise of the executive arm of government in Ireland.”
He added that the actions taken by the State were consistent with constitutional provisions and international obligations, given what he described as “difficult circumstances” that are “extremely distressing” for the man, reports Breaking News.
The child’s mother has claimed that the four-year-old would receive better medical care in Poland.
The father told the court that the ombudsman’s latest intervention could delay matters indefinitely and that two years apart from his daughter had been “horrific and frightening”, reports Breaking News.
He said his daughter had been “seized by a foreign state” that was “declaring war” on him, despite court decisions in his favour.
He also described the ombudsman’s complaint as “obscene state interference” and accused the Polish State of riding “roughshod” over the rule of law, placing his child at risk, reports Breaking News.
He said he last saw his daughter at a court in Warsaw in January 2025, had travelled to Poland 11 times in efforts to secure her return, and required the High Court’s assistance to compel Irish authorities to act.
“The fact that we are here is incredible,” he said, adding that his daughter had been and still is a victim of “state child-abduction by Poland, reports Breaking News.
Gerard Durkan, representing the State, previously told the court that Ireland must adhere to obligations under the Hague and Vienna Conventions, including respecting Poland’s sovereignty and legal system.
He said the State has made extensive efforts, though they have not achieved the desired outcome, and that Irish authorities remain concerned for the child, reports Breaking News.
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