International Parental Child Abduction Poland
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DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change
without notice. Questions involving interpretation of law should be addressed to an attorney licensed to practice in the relevant
jurisdiction.
October 2012
Poland and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since November 1, 1992.
For information concerning travel to Poland, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for Poland at: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1000.html.
The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention. In this capacity, the Department’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including Poland. Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.
Contact information:
United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone: 1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax: 202-736-9132
Website: http://travel.state.gov/abduction/abduction_580.html
The Polish Central Authority for the Hague Abduction Convention is the Ministry of Justice, Division of International Law. The Ministry of Justice, Division of International Law discharges the obligations of a central authority under the Hague Abduction Convention by reviewing Hague applications for completeness and then forwarding them to the appropriate court for assistance in locating the child and adjudication of Hague cases.
The Polish Central Authority can be reached at:
Ministry of Justice
Division of International Law
Aleje Ujazdowskie 11
P.O. Box 33
00-950 WARSAW
Poland
Telephone: +48 (22) 239 0870
Fax: +48 (22) 897 0539
Website: www.ms.gov.pl
To initiate a Hague case for return of, or access to, a child in Poland, a parent or legal guardian should review the eligibility criteria and instructions for completing a Hague application, which is available on the Department of State website at http://travel.state.gov/abduction/solutions/hagueconvention/hagueconvention_3854.html. The USCA is available to answer questions about the Hague application process, to forward a completed application to the Polish Central Authority, and to subsequently monitor its progress through the foreign administrative and legal processes. It is extremely important that each document written in English be translated into Polish prior to court proceedings commencing. Documents that will be entered into evidence during the Hague proceeding (such as previous court orders) require certified translations from a certified sworn translator in Poland. Certified translations are not necessary for documents that will not be submitted as evidence (such as the Hague application), and any competent person or organization may translate these documents.
There are no fees for filing Hague applications with either the United States or Polish central authorities. Attorney fees, if necessary, are the responsibility of the applicant parent. The Polish courts do not automatically provide free or reduced fee legal representation for applicant parents; however parents can complete an application to apply for financial assistance based on their income. Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered.
Back to TopA parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, Poland. The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.
A person may file an application under the Hague Abduction Convention for access to a child living in Poland. The criteria
for acceptance of a Hague access application vary from country to country. The U.S. Department of State can assist parents
living in the United States to understand country-specific criteria and provide information on the process for submitting
a Hague application
The Polish system does not require parents to retain a private attorney in order to file a Hague Abduction Convention application with a court. However, parents can hire a private attorney to assist them with their case and advise as to the best course of action for their individual circumstances. A privately hired attorney should contact the Polish Central Authority as soon as possible after the Polish Central Authority receives the Hague Abduction Convention application. The Polish Central Authority can provide referrals to assist parents to find a private attorney or the parents may represent themselves. The Polish Central Authority’s role is not to assign attorneys to cases, but to prepare documents needed to submit the case to the court.
The U.S. Embassy in Warsaw, Poland, posts a list of attorneys including those who specialize in family law at: http://poland.usembassy.gov/poland/attorneys.html
This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department
of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services
provided by, the persons or firms included in this list. Professional credentials and areas of expertise are provided directly
by the lawyers.
Mediation is a possible remedy for both abduction and access cases. The Polish Central Authority does not provide mediation services directly; however the Polish Central Authority does provide referrals to private and non-governmental organizations that offer mediation services. Mediation in Poland is voluntary and can occur at any stage of the Hague process.
The U.S. Embassy in Poland can be contacted at:
U.S. Embassy Poland
Aleje Ujazdowskie 29/31
00-540 Warsaw Poland
Telephone: +48-22/504-2000
Website: http://poland.usembassy.gov/
The Embassy of Poland is located in Washington, D.C. at:
Embassy of the Republic of Poland
2640 16th Street NW
Washington, C 20009
Telephone: 202-499-1700
Fax: 202-588-0565
Email: washington.amb@msz.gov.pl
Website: www.polandembassy.org
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