QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| EWELINA MARIA PARLINSKA
|- and -
|DISTRICT COURT IN BYDGOSZCZ (POLAND)
Benjamin Seifert (instructed by Crown Prosecution Service) for the Defendant
Hearing date: 7 December 2016
Crown Copyright ©
Mr Justice Supperstone :
i) The local authority is to file and serve an up-to-date report regarding attempts to contact the father of the Appellant's children [Mr Kielpinski] and giving an update on who is to have care of the children in the UK in the event of the Appellant's extradition; and
ii) The Appellant is to file and serve a further statement detailing the issue of family in Poland and their suitability for taking care of the children in the event of a return to Poland.
The decision of the District Judge
"2. She has established a family life in this country with her two young boys. Although she has concerns about her ex-partner's ability to care for her boys if she is extradited the Section 7 report does not express any specific concerns about Mr Kielpinski who specifically confirmed to the writer of the report that he is willing to look after both boys in her absence. In those circumstances I am satisfied that Ms Parlinska is not a sole carer although I do not underestimate the emotional upset that her extradition will cause to both her and her two boys.
3. Ms Parlinska is suffering from depression which is being well treated by medication. I have read the documents supplied to the court about her medical history. Her extradition will inevitably cause her considerable anxiety but I suspect that these ongoing and unresolved proceedings are adding to her feelings of anxiety and her depression. If she is extradited she should ensure that she is accompanied by a bundle of her medical notes for the attention of the Polish prison authorities. I have no evidence before me which suggests that she will not be able to obtain suitable treatment whilst in prison in Poland."
"Both Ms Parlinska and Mr Kielplinski wish to remain as friends, who both provide parenting and care to the children. Although they are no longer in a relationship, they appear to remain amicable for the wellbeing and stability of the children.
Mr Kielpinski has made it clear that he would care for both children should this be required, in order for the boys to remain together, despite him not being Jakub's birth father."
Events since the decision of the District Judge
"Based on the recent brief discussions I have had with Ms Parlinska and the concerns she has raised in regards to Mr Kielpinski's behaviour, there would be concerns around Mr Kielpinski's ability to safely care for the children and to meet their needs on a short and long term basis. It must be duly noted that the concerns raised by Ms Parlinska in respect of Mr Kielpinski have not been challenged or investigated due to lack of engagement with Mr Kielpinski at the time of writing this addendum, despite several attempts by myself to meet with him, to include telephone calls, home visits and communications left at the address."
"I am able to inform you that unfortunately I have been unsuccessful in making any contact with Mr Kielpinski to discuss the situation, to explore any current contact arrangements between him and the children and to explore his views in regards to what support he is able to provide for the boys, in the short and long term future should Ms Parlinska be extradited."
"He moved out and I understood that he got a council flat with two bedrooms stating he required the second bedroom to be able to care for my two children when they visited. He has not seen the children for a long time. They have not stayed at his flat since he moved. Whenever he had come to the house he was always drunk.
I found out that he had actually sub-let his second bedroom, and I reported this to the council.
When I contacted him he told me that he would not be able to cope taking care of the children himself and that he did not want to do this."
"Should the outcome of Ms Parlinska's trial be that she is extradited, she has expressed the view that she would not be settled with either or both Kacpur and Jakub remaining in the care of Mr Kielpsinki. She does not believe that he would be able to provide a safe and stable home environment, nor would he be able to meet the needs of both children. Ms Parlinska has expressed concern for Jakub, should he remain in the care of Mr Kielpinski, reporting that she feels he treats him differently to Kacpur, which Jakub has allegedly reported to his mother. [Mr Kielpinski is not Jakub's biological father] Ms Parlinska has also commented about the amount of alcohol Mr Kielpinski consumes and how he behaves towards the children when under the influence of alcohol. …"
I rather think that the latest post-decision material to which I have referred supports her concerns.