Understanding the usefulness of the Hague Convention:

QUESTION: 

How can the Convention help me once my child is in Poland, what can I do?

The Hague Convention states that parents be allowed contact with their child, have access rights to their child and to initiate proceeding to obtain a child’s return in cases of parental child abduction.

Under Article 1(a) of the said Convention, its purpose is to avoid the negative effects of international child abduction or detention.

The procedure initiated must lead to the return of the factual and legal status that existed before the wrongful abduction and retention of the child.

Moreover, under article 3, the abduction or retention of a child is wrongful within the meaning of the Convention if it constitutes a violation of the rights of custody which have been granted by the legal authorities of the country where the child was domiciled immediately before abduction or retention regardless of whether that right was exercised at the time of the incident.

Furthermore, according to article 4 and its application in conjunction with article 35, any interested person may request the return of a child under the age of 16 who is unlawfully abducted or retained in a country which is also a signatory to the Convention.

Moreover, with regard to Article 12 paragraph 1, the application for the return of the child is considered by the competent authorities (courts or administrative authorities) of the country to which the child has been removed or retained. In Poland, the Family Court is the recognised legal authority responsible for this.

The Convention generally provides for the immediate return of the child to the country where the child first resided, provided that the application was made less than one year after the date of wrongful removal or retention of the child. 

According to paragraph 2 of article 12, paragraph 1 of article 13 and article 20 which deals with the importance of the legislative and political situation within the countries, the Convention presumes that under certain circumstances (there are 5 exceptions): the return of the child is not applicable, despite the fact that the child has been illegally removed and/or detained.

Beyond allowing the return of the child to his country of origin, the Convention has a second purpose – that of protecting the right of access granted to the injured party as well as to certain other authorized persons so that they are given direct access to the child and are ensured ongoing contact with the former.

Thus, by virtue of article 21, the Convention obliges sovereign states to take measures to allow the right of access.

NB: For the return of the child or for the execution of the right of access, it is necessary to prepare forms which are provided by the Convention and include/cover all the necessary documents for application, including matters involving a legally recognised power of attorney granted to the central authority by the injured parental party; this is required in each country. Both the request and the power of attorney must be signed by the parent instigating legal proceedings.

Submit your application to the central authority in your country of residence.