Stop child abductions

The main task of the Department under the legal acts listed in the MAINTENANCE MATTERS tab is to assist in the forwarding of applications and correspondence coming from foreign central authorities (when the creditor has their place of residence abroad) and sending them to the competent authorities in Poland (according to the local jurisdiction based on the current or last known place of residence of the person obliged to pay maintenance in Poland).

The specific tasks of the central authority are set out in Article 51 of Regulation 4/2009 and in Article 6 of the Hague Convention. These legal acts can be read by selecting the LEGAL ACTS section and opening the KNOWLEDGE BASE tab.

A creditor who is abroad pursuant to Article 55 of Regulation 4/2009 is not obliged to use the central authority of the Member State in which the creditor resides as an intermediary. The creditor may send the application straight to the competent Polish court or enforcement authority, meeting the formal requirements provided for in Chapters IV and VI of the Regulation and the Code of Civil Procedure.

When the creditor resides in Poland, and the debtor resides abroad, the competent central authority in Poland is a regional court (the court in closest proximity to the place of residence of the person entitled to maintenance).

The Regional Court mediates in all correspondence between the creditor and the foreign party. It will also undoubtedly provide comprehensive information and assistance in preparing the required documents correctly.

A creditor may apply, via the Regional Court, for legal aid to be granted in a foreign country, including the automatic appointment of a legal representative. Please note that the Regional Court, as the central authority, will take all action upon explicit request and not automatically by law. The foreign authority will examine the documentation received, forwarded by the competent court, and in particular will check that all the formal requirements have been met, and then forward acknowledgement of receipt of the application, thus responding to the subsequent steps in the case.

A list of regional courts with their contact details, as well as a website through which it is possible to generate an application for legal aid (in obtaining a legal representative, having translation costs waived, and other issues) are presented below.