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Brexit

Due to the withdrawal of the United Kingdom from the European Union and the end of the transition period on 31 December 2020, European law no longer applies to relations between Poland and the United Kingdom, and the United Kingdom is treated as a third country. For these reasons, from 1 January 2021, we do not apply 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.

As regards matters of parental responsibility, the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, done at The Hague on 19 October 1996, will apply instead.

It is applied:
- to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;
- to determine which law is to be applied by such authorities in exercising their jurisdiction;
- to determine the law applicable to parental responsibility;
- to provide for the recognition and enforcement of such measures of protection in all Contracting States;
- to establish such cooperation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of the Convention.

 

The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 continues to apply to ensure the prompt return of children wrongfully removed or retained in a Contracting State and to ensure respect for custody and access/visiting rights as defined by the legislation of one State in other Contracting States.

 

Additionally, as of 21 January 2021 the United Kingdom does not apply the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in Lugano on 30 October 2007, but it continues to be bound by the provisions of specific Hague Conventions in family matters, some of which provide for a mechanism for the recognition and enforcement of judgments, e.g., in child support matters, to which the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, done on 27 November 2007, applies. (For detailed information go to: https://www.hcch.net/en/newsarchive/details/?varevent=778)

 

Information on the status of the United Kingdom’s obligations under the Hague Conventions and the reservations made to them are posted on the website of the Hague Conference on Private International Law at: https://www.hcch.net/en/states/hcch-members/details1/?sid=75

 

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