First of all, it is important that you as the parent initiating proceedings against the ‘guilty’ parent has overall custody of the child, otherwise the Court may consider that there is no need to settle the conflict. 

If the other parent holds joint custody rights then that parent can decide to travel with the child without needing the other parent’s consent and this is not to be considered as criminal offense in Poland (however, this might be considered as unlawful displacement according the the Hague Convention). 

In addition, in the event of acts of violence against the child and the family, the Court may determine that the child remain in the country to which he was removed by the absconding parent.

Although allegations of violence are very often used, the Court studies each accusation on a case-by-case basis by. In addition, the former will check whether the parent who has abducted the child has family in the host country to which they have gone and whether the status of both parents is stable (for example by studying whether the parents are legally financially stable).

The above is only one example of a no means exhaustive list of questions the Court must consider.

The Hague Convention provides for this in Article 13:

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

1. a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
   b)there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child’s habitual residence.