New provisions of the Polish Code of Civil Procedure and return of the child under the Hague Convention

Current legislation

The Convention on the Civil Aspects of International Child Abduction, signed at The Hague on 25 October 1980, known as the Hague Convention of 1980, is an international agreement of which Poland is a party. It was concluded in order to ensure the immediate return of children wrongfully abducted or detained in one of the States, which are parties to that agreement and to ensure the respect for custody and visitation rights specified by the legislation of those States. Pursuant to Article 5691 of the Code of Civil Procedure, the local jurisdiction for applications under the Hague Convention of 1980 is the regional court in the locality of the court of appeal with jurisdiction over the place of residence or stay of the child. The time limit for the court to give its decision is 6 weeks from the date of the application. Abduction of a child according to the Convention must be unlawful in order for an application to be brought successfully to the central authority of the State in which the child is present. This authority, according to the Convention, is competent to hear the application.