Child Abduction to Poland

11.08.2024

Child Abduction to Poland

Has your child been unlawfully abducted or detained in Poland? Take advantage of our lawyers’ assistance in securing their return under the Hague Convention.

Find out below how to proceed.

First, to determine if a child abduction to Poland has occurred, you need to understand what constitutes abduction. The definition of abduction is as follows:

“Unlawful abduction or detention occurs when someone takes a child to a country where they do not permanently reside. This stay must violate the will of the person who has parental authority.”

The legal basis for recovering a child is usually the so-called Hague Convention. It is an international agreement that helps in the return of children abducted to another country. The countries that have signed it commit to cooperating with each other to ensure that the child returns to their home country as quickly as possible. Poland is also covered by the Hague Convention.

Check which countries are covered by the Hague Convention:

https://www.hcch.net/en/instruments/conventions/status-table/?cid=24

Anyone who:
• meets one of the following conditions:
o is the parent of the abducted child and has the right to participate in deciding on their place of residence,
o is the legal guardian of the abducted child.

“The legal guardian of a child is the person to whom the court has entrusted the care of the child.”

• has a child who meets ALL of the following conditions:
o is under 16 years old,
o was permanently residing in a country covered by the Hague Convention,
o was abducted or detained in a country covered by the Hague Convention other than their place of permanent residence.

The application can also be submitted by individuals who do not know the current whereabouts of the child but have reasonable suspicions.

The Hague Convention applies only to international abductions and detentions. If your child has been abducted in the country where they permanently reside and is still in that country, you cannot use the assistance based on this Convention.

You can submit an application regarding the abduction or unlawful detention of a child through our law firm.

Within 6 weeks of submitting the application, the Polish state should issue a ruling regarding the return of the child to your country.