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Stop child abductions

Maintenance matters

This tab contains all the necessary information on how to pursue maintenance claims in cross-border situations. Additionally, there are editable forms that can be generated in several foreign languages.

The Ministry of Justice acts as the central authority in matters relating to the pursuit of maintenance claims on the basis of:

  • 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 (OJ L 238 of 10 January 2009),
  • Article 4 of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, drawn up on 23 November 2007 (OJ EU of 22 July 2011),
  • Article 2 of the Convention on the Recovery Abroad of Maintenance, drawn up at New York on 20 June 1956 (Journal of Laws of 1961, No. 17 items 87 and 88),
  • bilateral agreements on legal transactions in family matters.

The Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, drawn up at Lugano on 30 October 2007. (OJ EU L 339, 21.12.2007, p. 3-41), which, by virtue of Article 65 (subject to Articles 66 and 67), replaced other conventions, and the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, drawn up at Lugano on 16 September 1988 (Journal of Laws of 2000, No. 10, items 132 and 133) in relations between Poland and Iceland do not establish central authorities to assist applicants.

Thus, the above-mentioned legislation does not provide for the intermediation of common courts and ministries of justice in forwarding applications for a declaration of enforceability of judgments to the competent authorities in Iceland.

 

MAINTENANCE OBLIGATION:

Pursuant to Article 133 of the Family and Guardianship Code (F&GC):

§1. Parents are obliged to provide maintenance to a child that cannot provide for himself/herself, unless the income from the child’s property is sufficient to cover his/her maintenance and upbringing.
§2. Apart from the situation described above, only someone who is without sufficient means to support themselves is entitled to maintenance.
§3. Parents may avoid providing maintenance to an adult child if it would involve excessive damage to them, or if the child does not endeavour to support himself/herself.

 

THE SCOPE OF THE MAINTENANCE OBLIGATION

Pursuant to Article 135 of the Family and Guardianship Code (F&GC):

§1. The scope of the maintenance provided depends on the justified needs of the eligible person, as well as the earning and financial capacity of the obliged person.

§2. A maintenance obligation towards a child who is not yet able to provide for himself/herself, or a disabled person, may be performed in whole or in part in the form of the personal efforts to provide for or bring up the eligible person, in which case other obliged people will fulfil the maintenance obligation in whole or in part by covering the costs of providing for or of upbringing of the eligible person.

 

§3. The scope of maintenance is not affected by:

1) benefits from social assistance or a maintenance fund, as referred to in the Act of 7 September 2007 on Assistance to Persons Entitled to Maintenance (Journal of Laws of 2016, items 169, 195 and 1579 and of 2017, item 60) that are reimbursed by the person obliged to pay maintenance;
2) benefits, expenses and other financial means related to placing a child in foster care, as referred to in the provisions on family support and the foster care system;
3) the educational benefit referred to in the Act of 11 February 2016 on State Aid in Raising Children (Journal of Laws items 195 and 1579, and of 2017, items 60 and 245);
4) family benefits, as referred to in the Act of 28 November 2003 on Family Benefits (Journal of Laws of 2016, items 1518 and 1579, and of 2017, item 60);
5) the supplementary parental benefit referred to in the Act of 31 January 2019 on the Supplementary Parental Benefit (Journal of Laws, item 303).

 

APPLICATIONS (pursuant to Article 56 of Regulation 4/2009, Article 10 of the Hague Convention)

1. A creditor seeking to recover maintenance under this Regulation may make applications for the following:
a) recognition or recognition and declaration of enforceability of a decision;
b) enforcement of a decision given or recognised in the requested Member State;
c) establishment of a decision in the requested Member State where there is no existing decision, including where necessary the establishment of parentage;
d) establishment of a decision in the requested Member State where the recognition and declaration of enforceability of a decision given in a State other than the requested Member State is not possible;
e) modification of a decision given in the requested Member State;
f) modification of a decision given in a State other than the requested Member State.

2. A debtor against whom there is an existing maintenance decision may make applications for the following:
a) recognition of a decision leading to the suspension, or limiting the enforcement, of a previous decision in the requested Member State;
b) modification of a decision given in the requested Member State;
c) modification of a decision given in a State other than the requested Member State.

 

Save as otherwise provided for in the Regulation and the Convention, the applications referred to in paragraphs 1 and 2 shall be determined under the law of the requested Member State and shall be subject to the rules of jurisdiction applicable in that Member State.

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