Hague Convention: Child Abduction to Poland

If your child has been abducted to Poland, swift action is crucial. Our legal experts provide comprehensive guidance under the Hague Convention, from filing applications and gathering essential documentation to understanding conditions for the child's return or potential exceptions. With timely preparation and specialized support, we help protect your custodial rights and ensure your child’s welfare.
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Martyna Dudkowiak
Martyna Dudkowiak
Attorney (Advocate), Partner
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Updated: 28.11.2024

Child abduction to Poland Hague convention

International child abduction is a distressing experience that requires immediate and decisive action. If your child has been taken across international borders, the Hague Convention on the Civil Aspects of International Child Abduction offers a legal pathway for seeking their prompt return.

The Convention is designed to prevent international child abduction by restoring the child’s habitual residence as the jurisdiction for custody decisions, thereby protecting the rights of custodial parents. This guide provides an overview of essential actions, requirements, and processes under the Hague Convention to assist you in navigating this challenging situation effectively.


Immediate Steps: Contact Legal Assistance and Central Authorities

Upon realizing that your child has been abducted to Poland, it’s crucial to consult with an experienced attorney who specializes in the Hague Convention. This legal expert can help you submit an application to designated Central Authority—typically the Ministry of Justice or Department of State. Swift action can strengthen your case and help avoid defenses based on the child’s adjustment to their new environment.

Key Initial Actions:

  • Contact an Attorney in Poland: Secure legal representation familiar with international child abduction cases and the Hague Convention.
  • File an Application: Submit your request promptly to the Central Authority in your country or directly to the competent court in Poland. They will liaise with authorities in the country where your child has been taken.
  • Gather Essential Documentation: Collect custody papers, evidence of habitual residence, and proof of custodial rights, which are vital for your application.

Hague Convention Jurisdictions and Signatory Countries

The Hague Convention on the Civil Aspects of International Child Abduction has been adopted by over 100 countries, establishing a framework for cooperation in cases of international child abduction.

Countries Recognizing the Hague Convention:

  • Europe: Poland, United Kingdom, France, Germany, Italy, Spain, Greece, and Sweden.
  • Americas: United States, Canada, Mexico, Argentina, Brazil.
  • Asia-Pacific: Japan, South Korea, Australia, New Zealand, and parts of China (Hong Kong and Macau).
  • Middle East and Africa: Israel, South Africa, Turkey.

If a country is not a Convention signatory, different procedures may apply, and additional legal consultation will be required to explore alternative avenues for child recovery.

Hague Convention Jurisdictions and Signatory Countries


Conditions for Child Return under the Hague Convention

For a court in Poland to order the return of a child under the Hague Convention, the following requirements must be met:

  • Convention Signatory Countries: Both the child’s habitual residence and the country where the child was taken must be Convention members.
  • Age Limitation: The child must be under 16 years old.
  • Wrongful Removal or Retention: The removal or retention violated custody rights recognized by the laws of the child’s habitual residence.
  • Exercise of Custodial Rights: The left-behind parent must have been actively exercising custodial rights or would have done so if not for the abduction.
  • Timely Application: Ideally, the application should be filed within one year of the abduction to avoid considerations of the child’s adjustment to a new environment.

Exceptions to Return: “Negative Conditions” in Hague Cases

The Hague Convention recognizes specific situations where a court may deny a child’s return, though these are narrowly defined to protect the Convention’s primary purpose.

Courts may decline an order for return in the following circumstances:

  • Grave Risk of Harm: If returning the child would expose them to severe physical or psychological harm or place them in an intolerable situation, such as an unsafe environment.
  • Violation of Human Rights: If the return violates fundamental human rights, the court may refuse to order the child’s return.
  • Time Limit and Settlement: If the return request is filed more than one year after the abduction to Poland and the child is settled in the new environment, the court may deny the return.
  • Non-Exercise of Custodial Rights: The return may be denied if the left-behind parent was not exercising custodial rights at the time of abduction.
  • Parental Consent or Acquiescence: If the left-behind parent consented to the move or demonstrated acceptance of the child’s new residence.
  • Child’s Objection: If the child objects to returning and is of sufficient age and maturity, their views may be taken into account.

These exceptions allow Polish courts to consider the child’s welfare in cases where returning them to their habitual residence might not be in their best interests.

In what circumstances may a state decline to return a child?


Required Documentation for a Hague Convention Application

Proper documentation is essential for strengthening your case under the Hague Convention. Ensure you have the following documents:

  • Application Form: Complete the official Hague Convention application form.
  • Proof of Custodial Rights: Present legal documents that demonstrate your custodial rights, such as court orders or custody agreements.
  • Child’s Birth Certificate: This confirms the child’s age, as the Convention applies only to minors under 16.
  • Evidence of Habitual Residence: Documents showing the child’s prior residence, such as school records or utility bills.
  • Statement of Facts: A detailed account of the abduction, including relevant dates and interactions with the other parent.
  • Parental Identification: Government-issued IDs or passports for both parents.
  • Evidence of Non-Consent: If applicable, provide proof that you did not consent to the child’s relocation.
  • Photos for Identification: Include recent photos of the child and, if available, the abducting parent.
  • Power of Attorney: If you are represented by an attorney, a power of attorney document is necessary.

These documents facilitate the application process and support Central Authorities in locating the child and expediting the case.


What to do if the child’s location is unknown?

If you are unsure of your child’s whereabouts, the Hague Convention’s Central Authority in your country can assist in locating them. The Central Authority will collaborate with law enforcement and international agencies, such as Interpol, to trace your child.

Filing an application, even without a precise location, ensures that a coordinated search can begin.


Filing and case processing timeframes

To start a Hague Convention case, you can file an application with the Central Authority in your country or in the country where the child has been taken i.e. directly in Poland. Most countries aim to resolve cases within six weeks, although delays may occur depending on specific circumstances.

The Hague Convention stipulates that a decision on the return of a child should be made within six weeks of the application.


Appeal process against return orders

In Poland either parent may appeal within a specific period against the decision regarding return of a child. In Poland, appeals must be submitted within 14 days of the ruling and are reviewed by the Court of Appeal in Warsaw.


Enforcement of court orders for child return

If a court in Poland orders the return of a child, a period for voluntary compliance is given to the abducting parent. If they do not comply, the left-behind parent can request enforcement by filing an additional application. A court-appointed probation officer will then work to locate and facilitate the child’s return.


Conclusion: swift action and preparedness are key

Navigating an international child abduction case under the Hague Convention can be complex, but timely actions and thorough preparation can significantly impact the case outcome.

By working closely with legal experts and gathering comprehensive documentation, parents can improve their chances of a successful resolution, ensuring that the child’s habitual residence remains the primary jurisdiction for custody decisions.

By working closely with legal experts and gathering comprehensive documentation, parents can improve their chances of a successful resolution.

Take swift action today - explore your legal options under the Hague Convention to secure your child’s safe return!
Family & Divorce Martyna Dudkowiak
Martyna Dudkowiak
Attorney (Advocate), Partner
check full info of team member: Martyna Dudkowiak
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