Eryk Maciej Rybicki

This case involved an uncontested trial in writing concerning a divorce, parenting, child support, spousal support, and property division.

The applicant sought various orders, including sole decision-making and primary residence for the children, and prospective and retroactive child and spousal support.

The respondent did not participate in the proceedings.

The court granted the divorce, parenting orders, and child support, imputing income to the non-participating respondent and ordering significant retroactive arrears.

Spousal support entitlement was established, but no order was made due to the priority of child support, with leave for the applicant to re-apply later.

Property equalization related to a pension was denied due to insufficient evidence.

The court issued an addendum to its May 15, 2020 judgment, which had ordered the return of children to Warsaw, Poland, under the Hague Convention.

Due to COVID-19 travel complications, the parties could not agree on a return date.

The father sought return by July 15, 2020, while the mother requested a delay until late August 2020, citing safety concerns and inability to afford airfare.

The court ordered the children's return by July 31, 2020, finding no evidence to justify further delay.

The father offered to pay 50% of the children's economy airfare.

The court also directed the mother to contact the Polish consulate for travel documents and ensure compliance with the return order, with law enforcement authorized to assist.

The respondent father applied for the return of his children to Poland under the Hague Convention, alleging wrongful removal by the applicant mother.

The mother admitted wrongful removal but sought to rely on the grave risk and child's objection exceptions under Article 13(b) and 13(2).

The court found that the mother failed to meet the high threshold for the grave risk exception, noting that her allegations of abuse were not substantiated by Polish courts and her own actions contradicted her claims.

The court also found that the children's objections were not sufficiently mature or independent to trigger the Article 13(2) exception.

Consequently, the court ordered the forthwith return of the children to Poland and denied the mother's request for conditions on their return.