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AGA Partners successfully defended client's rights in the Supreme Court

AGA Partners successfully defended client's rights in the Supreme Court in the case of the Convention on the Civil Aspects of International Child Abduction of October 25, 1980.

A dispute arose between a citizen of the Republic of Poland and a citizen of Ukraine regarding their minor child. The daughter of the parties was illegally detained by her mother on the territory of Ukraine, despite the fact that the country of permanent residence of the child from the moment of her birth was the Republic of Poland.

Immediately after the fact of illegal change of the child's country of residence, our client applied to the Central Authority of the Republic of Poland for protection of his rights and legitimate interests with a request to facilitate the child's return from Ukraine to Poland.

Due to the fact that the child's mother refused to return the child to the country of her permanent residence, the father was forced to apply to a Ukrainian court with a claim of recognition illegal the child's detention in Ukraine and for returning her on her permanent residence.

Within the court proceeding, the AGA Partners team managed to prove that the child was born and resided in Poland before she was illegally detained in Ukraine by her mother, and that the mother illegally detained the child in Ukraine.

As a result of the court proceedings, the Supreme Court fully upheld our client's claims and ordered the mother to return the child to the country of residence - the Republic of Poland.

The client's interests were represented by AGA Partners at the appeal and cassation stage, which overturned the first-instance court's decision and protected the child's father's interests under the October 25, 1980 Convention on the Civil Aspects of International Child Abduction.

Partner Iryna Moroz commented on the case as follows:

"The decision of the court of cassation in this case will inevitably become a reference point and a source of legal conclusions for the proper and fair consideration of further cases in this category of disputes, contributing to the conscientious implementation of the 1980 Convention in Ukraine."

The AGA Partners team was led by partner Iryna Moroz with the support of senior lawyers Oleksandr Gubin and Olena Sibirtseva.

07.07.21