The Hague Convention

Author is not liable for incorrect use of this information.
It is purely abstract and theoretical. Prior to its use, consult with a qualified lawyer.
"The Village Lawyer" - Pieter Brueghel the Elder

1. What is The Hague Convention ?
That designation hides many acts concerning various legal issues.
This study covers only one: of 25 of October 1980.
It deals with civil aspects of international child removal.

2. What does The Hague Convention do ?
It is vehicle allowing recapture of a child wrongfully removed or wrongfully retained.

3. What is child's removal ?
This question is answered in article 3 of The Hague Convention:
The removal or the retention of a child is to be considered wrongful where:
a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State
in which the child was habitually resident
immediately before the removal or retention; and
b) at the time of removal or retention those rights were actually exercised,
either jointly or alone, or would have been so exercised but for the removal or retention.
The rights of custody mentioned in sub-paragraph a) above,
may arise in particular by operation of law
or by reason of a judicial or administrative decision,
or by reason of an agreement having legal effect under the law of that State.

Removing happens when the departure of the child to another country occured without the consent of the other parent.
While retaining is a condition in which the departure of the child to another country had permission of the other parent.
However fixed period of departure was unilaterally extended by one perent without the consent of the other.

4. In which country the proceeding is pending ?
In this, where the child stays – incorrectly resides.

5. Does The Hague Convention allow extraction of the child from every country ?
No !
Only one that is a signatory,
and so introduced the Convention into national legal order.

6. Did Poland sign The Hague Convention ?
Yes !
It was incorporated into national legal order on 25 September 1995.

7. How many countries is party of the Convention?
Over 70.

8. Which court has subject-matter jurisdicton ?
Superior court (sąd okręgowy).

9. Which court has territorial jurisdiction ?
This question is answered in an article 569(1) § 1 of Code of Civil Procedure.
To the jurisdiction of the superior court
based in the city that is the seat of the appellate court
belong the matter of taking a person subject to parental or custody supervision
conducted on the basis of the 1980 Hague Convention,
if in this area a person subject to parental or custody supervision
is residing or staying.

10. What does this mean ?
First, it shall be determined
where the child actually lives or stays.

Secondly, it shall be determined
jurisdiction of appropiate appellate court
where the above mentioned city/village is located.

Thirdly, the place of the appropiate appellate court,
is always a city of the appropiate superior court -
there must be also an appellate court in the city of the superior court.