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In re Marriage of Krol

Court of Appeals of Illinois, First District, Fifth Division

March 2, 2015

In re MARRIAGE OF DOROTA KROL, Petitioner-Appellant, and JOSEF KUBALA, Respondent-Appellee

Page 434

Appeal from the Circuit Court of Cook County. 10 D 3454. Honorable Veronica Mathein, Judge Presiding.

For PETITIONER-APPELLANT: KATARZYNA M. CAPUTA, Des Plaines, Illinois; RACHAEL TOFT, Law Offices of Rachael Toft, Chicago, Illinois.

For RESPONDENT-APPELLEE: THERESA C. CEKO, Loyola University Community Law Center, Chicago, Illinois.

JUSTICE CONNORS delivered the judgment of the court, with opinion. Presiding Justice Delort and Justice Harris concurred in the judgment and opinion.

OPINION

Page 435

CONNORS, JUSTICE.

[¶1] Dorota Krol (Dorota) and Josef Kubala (Josef), both Polish citizens, were married and living in Poland. Prior to the marriage, Dorota had obtained lawful permanent residency in the United States. She and Josef discussed moving to and living in the United States as a family. In October 2005, Dorota traveled to the United States to maintain her residency status and to submit a visa application for her husband.

[¶2] On June 1, 2007, the couple's child was born in Poland. Thereafter, Dorota took the child to the United States with Josef's consent on four occasions from September 2007 to November 2007, from April 2008 to June 2008, from January 2009 to May 2009, and from August 2009 to February 2010. Dorota has family in the United States.

[¶3] On March 20, 2010, Dorota took the child to the United States without Josef's consent. Josef was informed of their location after they arrived.

[¶4] Josef then filed a petition for dissolution of their marriage in a Polish court. Although the record does not contain a copy of this petition, both parties agree that Josef's petition for dissolution did not request custody of their child. On April 1, 2010, Dorota filed a petition for dissolution of marriage and for custody of the child in the circuit court of Cook County.

[¶5] On May 5, 2010, Josef filed a " request for return" of the child in Poland

Page 436

pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. 11670, 1343 U.N.T.S. 89) (hereinafter, Convention).

[¶6] In early June, the circuit court of Cook County received a letter from Josef objecting to any proceeding in the United States because his wife " abducted [the] child from Poland" and " proceedings under the Hague Convention were pending in the U.S. Department of State." The letter requested that Dorota return to Poland with their child so that the couple could " resolve [their] marital disputes in Polish court."

[¶7] On June 28, 2010, Josef filed a petition pursuant to the Convention (Hague petition) in the circuit court of Cook County requesting that the court decide the " habitual residence" of the child. Josef did not file a counterpetition or answer to Dorota's petition for dissolution and custody in Cook County. ...


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