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Stop child abductions

Tasks

The Ministry of Justice acts as the central authority in international family proceedings concerning cases of abduction, guardianship and maintenance based on:

  • Article 6 of the Convention on the Civil Aspects of International Child Abduction, drawn up in The Hague on 25 October 1980 (Journal of Laws of 1995 No. 108, item 528),
  • Article 53 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000,
  • Article 76 of Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast),
  • Article 3(1) of the Act of 26 January 2018 on the performance of certain activities of the central authority in family matters in the field of legal transactions under European Union law and international agreements (Journal of Laws of 2018, item 416),
  • Article 49(1) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, 
  • Article 4 of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, drawn up on 23 November 2007,
  • Article 2 of the Convention on the Recovery Abroad of Maintenance, drawn up at New York on 20 June 1956,
  • bilateral agreements concluded between the Republic of Poland and other countries on legal transactions in family matters (maintenance).

 

The Act of 26 January 2018 on the performance of specific activities of the central authority in family matters in the field of legal transactions under European Union law and international agreements makes the central authority more efficient by:

  1. Specifying the Minister of Justice as the Polish Central Authority. Tasks in this regard have been assigned to the Office of International Family Proceedings at the Department of Family and Juvenile Matters,
  2. Making it possible for the Ministry of Justice and the Police to work together when a child's whereabouts has to be determined,
  3. Improving cooperation with the Ministry of Foreign Affairs,
  4. Defining the rules for the receipt and processing by the Ministry of Justice of applications submitted under the Hague Convention and the Brussels II bis Regulation.

Detailed information on this subject can be found in the REFORMS FOR THE BENEFIT OF CHILDREN tab.

 

The work of the Polish Central Authority and government measures aimed at ensuring the protection of children are, in particular:

  1. the entry into force, on 27 August 2018, of the Act of 26 January 2018 on the performance of certain activities of the central authority in family matters in the field of legal transactions under European Union law and international agreements (Journal of Laws of 2018, item 416), 
  2. the completion of the revision of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000,
  3. bilateral contacts aimed at protecting the rights of Polish children abroad, with particular regard for the need to maintain continuity in the child's upbringing and ethnic, religious, cultural and linguistic identity, in accordance with Article 20(3) of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989. (Journal of Laws of 1991.120.526 as amended),
  4. foreign visits of the ministerial management, political and expert level consultations, study visits,
  5. cooperation within central authorities, bilateral discussions, cooperation between the Ministry of Justice and the Ministry of Foreign Affairs.

 

Information on individual sections of the Central Authority can be found in the following tabs: MATTERS CONCERNING CHILD ABDUCTION, MATTERS CONCERNING GUARDIANSHIP, and MATTERS CONCERNING MAINTENANCE.

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