Is it possible?

What if I intend to move abroad with my child without the consent of the other parent?

Primarily, it is highly recommended to seek approval from the legal authority such as a Family Court, when considering international relocation with your child. The specific competent authorities may vary depending on the country involved, as outlined below:    

  • In UK: Family Court
  • In USA: Family Court
  • In Canada: Family Court
  • In Poland: Family Court

 

Nevertheless, in the event that consent from the judge is not obtained, and you proceed with the relocation, it is important to note that the Hague Convention does not mandate immediate repatriation of a child wrongfully removed or retained if their return would expose them to significant psychological or physical harm.

Therefore, it is advisable to consult with a lawyer before embarking on your journey. Seek legal counsel to understand the appropriate measures to take in your particular circumstances, and ensure that you inform your lawyer about your intention to relocate to Poland, enabling them to provide guidance on the available courses of action.

Generally, it is ill-advised to relocate without proper legal authorization, as the child’s country of origin may demand their return, or the other parent may initiate criminal proceedings against you. In the event of being found guilty by the court, potential consequences include imprisonment and the transfer of custody to the other parent. Furthermore, you may become subject to an international arrest warrant.

Instances of child removal contrary to the rights of the parent with full custodial authority often lead to conflicts. However, it is worth noting that Poland typically does not pursue convictions or allow extradition in such cases.

The purpose of this Convention is: (a) to secure the prompt return of children wrongfully removed or retained in any signatory state (b) effectively enforce in the other signatory states the rights of custody and visitation existing state who are signatories to the Convention.

Article 1 of the Hague Convention of 25 October 1980

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