Publication date: 17.04.2025
Ukrainian lawyer (advocate) with over 20 years of experience. I specialize in family, immigration, and administrative law. For over a year and a half in Poland, I have been providing legal assistance to foreigners, particularly in divorce cases, legalization, deportation defense, and international protection matters. I actively apply Polish law in practice, prepare complaints, administrative and judicial appeals, and conduct legal analysis. I have experience handling complex cases where previous lawyers failed to achieve a result.
Case Summary: A Ukrainian citizen legally residing in Poland contacted me after receiving a notice of extradition to the United States, where she is suspected of financial crimes allegedly committed during her previous stay in the U.S. In accordance with an international arrest warrant, Polish law enforcement authorities initiated extradition proceedings.
At first glance, the case appeared to be a standard matter of international legal cooperation between states. However, a critically important circumstance was the woman’s strong personal connection to Poland—she is the mother of a three-year-old daughter who lives with her in Poland. The child’s father is absent and uninvolved in her life. Thus, extraditing the mother would result in a forcible separation from her child, with no possibility of transferring custody or ensuring the child’s safety.
This posed a serious threat to the fundamental rights of the child, as guaranteed not only by national legislation but also by international conventions ratified by Poland.
Legal Strategy:
Taking into account the specific circumstances of the case, I developed a comprehensive legal approach based on the following key legal foundations:
🔹 UN Convention on the Rights of the Child — especially provisions ensuring the right of the child to family life and protection from any decision that may contradict the child’s best interests.
🔹 European Convention on Human Rights, Article 8 — the right to respect for private and family life.
🔹 Case law of the European Court of Human Rights (ECHR), where extradition without consideration of the child’s interests has been found to constitute a violation of fundamental human rights.
I prepared and submitted:
- A legal motion to the Polish court requesting suspension of the extradition process until all circumstances of the case are thoroughly reviewed.
- Legal arguments regarding the disproportionate nature of the extradition in this context, as it could cause irreparable harm to the child.
- A separate submission regarding the violation of the child’s rights, addressed to child welfare authorities and the Polish Children’s Ombudsman.
Result:
📌 The Polish court, after reviewing the submitted materials and international law references, ruled to temporarily suspend the extradition procedure.
📌 It was recognized that the child’s best interests must be treated as a priority, and separating her from her sole legal guardian was deemed unacceptable without ensuring alternative care.
📌 As a result, my client remained in Poland with her daughter, gained additional time to prepare her defense, and preserved her right to a fair trial.
Legal Significance:
This case demonstrates that even in extremely complex legal situations involving international cooperation, it is possible to successfully defend human and child rights when effective legal tools are used in a timely manner.
It also highlights the importance of:
- A strategic and comprehensive approach to legal defense
- Considering the state’s international legal obligations
- Cooperation with child protection agencies and human rights institutions
As a professional lawyer based in Wrocław, I always defend my clients’ rights in complex cases, especially when it involves children, family ties, and potential human rights violations. If you or your loved ones face extradition, deportation, or threats to family unity — contact me for a consultation. I will help you find a solution based on law, compassion, and human rights protection.
📩 Your rights are in reliable hands.
