My Child Was Taken Abroad Without My Consent – How to Use the Hague Convention in Poland
My Child Was Taken Abroad Without My Consent – How to Use the Hague Convention in Poland
If the other parent has taken your child abroad without your agreement, you have a specific legal tool available – the Hague Convention. How quickly you act matters enormously. The sooner you file a return application, the stronger your position. This guide explains what the application must include, which documents to gather, and what to watch out for along the way.
Table of Contents
- Two ways to file – which one is right for you?
- What must the application contain?
- Which documents should you attach?
- Language and translations
- Why timing is everything
- Costs and how long it takes
- Practical advice
- FAQ
Two Ways to File – Which One Is Right for You?
There are two ways to submit a return application under the Hague Convention.
The first – and generally the more practical option – is to file through the Polish Central Authority, which is the Ministry of Justice. The officials handling these cases deal with them regularly, know the procedures used in different countries, and can provide meaningful support throughout the process.
The second option is to file directly with a foreign court in the country where your child is currently located. This route is permitted under the Convention, but it requires a solid understanding of that country’s legal procedures and usually means engaging a local lawyer from the start.
Both paths are valid. The right choice depends on the country your child was taken to and what resources you already have in place there.
What Must the Application Contain?
The Hague Convention sets out specific requirements for what a return application must include.
Identifying information
Full details about yourself, your child, and the person who took them – names, addresses, document numbers, nationalities. Include as many contact details as possible: phone numbers, email addresses. If you know the other parent is active on social media, that information can also help locate them.
Your child’s date of birth
The Hague Convention only applies to children under the age of 16. Attach a copy of the birth certificate.
Why the removal was wrongful
This is the most important part of the application. You need to show three things: that you had custody rights under the law of the country where your child was habitually resident before they were taken; that you were actually exercising those rights at the time; and that you did not consent to the removal or retention abroad.
Not every case is straightforward. There are grey areas – for example, when a child left Poland legally for a holiday and the other parent simply did not bring them back on time. These situations are also covered by the Convention, but they require more careful explanation in the application.
Information about where the child is
Include everything you know – address, city, country. But if you do not have an exact address, do not let that stop you from filing. In practice, cases have been resolved successfully where the parent knew only the country and a rough area. Authorities have located children using information about which school they might have been enrolled in, or where the other parent works.
Which Documents Should You Attach?
Court orders or agreements relating to parental authority, the child’s place of residence and contact arrangements. These need to be certified, often with an apostille. If you do not have any court order – this does not disqualify your application. You can base your custody rights directly on Polish statutory law.
A certificate of applicable law – a document confirming the content of Polish law on parental authority. Issued by the Ministry of Justice. Particularly useful if you have no court order and are relying on statutory rights.
Documents confirming the child’s habitual residence in Poland – school or nursery certificates, records from a GP, anything that shows the child was genuinely living in Poland before they were taken.
Evidence that you were actively involved in your child’s life – confirmation of attendance at parent-teacher meetings, medical records, photographs.
Correspondence showing you did not consent – text messages, emails in which you clearly objected to the trip or demanded the child’s return. In practice, this kind of communication is often one of the most important pieces of evidence in the entire case.
Recent photographs of your child and of the person who took them.
Language and Translations
The application is prepared in Polish and then translated into the official language of the country it is being sent to. Translations must be done by a sworn translator – informal translations can be challenged by the foreign central authority or court.
The cost of translations falls on the applicant. This is one of the few expenses in this process, since the proceedings themselves are free of charge. It is not worth cutting corners on translation quality, especially for the section explaining why the removal was wrongful. A precise legal translation of your arguments can genuinely affect the outcome.
Why Timing Is Everything
The Convention draws a critical line at the 12-month mark.
If you file within 12 months of the removal, the court must – in principle – order the child’s prompt return, provided the other conditions are met.
If more than a year has passed, the court may refuse to order a return if it finds that the child has already settled into their new environment. This is not an automatic refusal, but the risk rises significantly.
Beyond the legal deadline, there is a practical dimension. Every week that passes, the child builds new relationships, starts a new school, begins learning a new language. The longer the separation lasts, the harder the return becomes – for the child, and for the court deciding the case.
Costs and How Long It Takes
The proceedings under the Hague Convention are free of charge as a general rule. You do not pay court fees or charges for the central authority’s work.
Costs that may arise on your side:
- legal fees for a lawyer in the country where your child is located (in many countries, free legal aid is available for Hague Convention cases – always ask),
- translation of documents,
- possible travel costs for attending a hearing or collecting your child.
As for timing – the Convention expects a decision within six weeks of the application being filed. In practice this deadline is not always met. You do have the right to ask for an explanation if the court has not decided within that period.
One important protection: while Hague Convention proceedings are ongoing, courts in the country where the child was taken cannot rule on parental authority. This is deliberate – it prevents the parent who took the child from obtaining a favourable custody order in the new country before the case is resolved.
Practical Advice
Act immediately. Do not wait until you are completely certain. If you have a genuine concern that the other parent may not bring your child back, a legal consultation costs nothing and can prevent a much more serious situation.
Collect everything you have. Even documents that seem minor – school letters, medical receipts, photographs. In abduction cases, details matter.
Do not navigate this alone. The Hague Convention process looks straightforward on paper but can become complicated quickly – especially if the other parent is actively obstructing proceedings or if there are safety concerns about the child.
Ask about free legal assistance. In many countries, parents applying for a child’s return under the Hague Convention are entitled to legal aid. The Polish Central Authority can advise on how to apply for this in the relevant country.
Prepare yourself mentally. Even in well-handled cases, proceedings take time. It is exhausting – for you and for your child. Psychological support during this period is not a luxury. It is a sensible decision.
FAQ
Can I file an application if I have no court order about custody? Yes. Custody rights can be based directly on Polish statutory law – you do not need a court judgment. In this situation, attach a certificate of applicable law issued by the Ministry of Justice.
What if I do not know exactly where my child is? File the application with whatever information you have. The Central Authority has tools and contacts that can help locate the child. Do not wait until you have a confirmed address.
Does the Hague Convention apply in every country? No. The 1980 Hague Convention has over 100 member states, but not every country in the world has joined. Before filing, check whether the country your child was taken to is a signatory. The Ministry of Justice can confirm this.
What if my child says they do not want to come back? The child’s views – particularly those of older children – are taken into account by the court, but they are not automatically decisive. The court will assess whether the objection is genuine or has been influenced by the parent who took the child.
Can Hague Convention proceedings run alongside a custody case? Not directly. The Convention process deals only with returning the child to their country of habitual residence. It does not decide questions of parental authority. Those are handled separately, after the Hague proceedings are concluded.
I do not speak Polish. Can I still use this procedure? Yes. Your rights under the Convention do not depend on language. Having a lawyer handle communications with the Ministry of Justice and Polish institutions on your behalf will make the process significantly faster and less stressful.`
Do you need legal help with a child abduction case in Poland? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl
This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific circumstances and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our office.
Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl