The jurisdiction in case between the parent and the child
If we want to bring a child case to the court concerning: parental responsibility, regulating contacts, or resolving a court judgment on an important issue regarding a child etc., then the question is: which court and what law should be applicable.
The principle: the case must be brought to the court of the child's habitual residence.
What if the child lives abroad?
1. European Union.
The principle of the child's habitual residence is generally applicable. We have to refer to art. 8 Regulation of the Council of the European Communities 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1347/2000
2. Countries outside the EU.
The Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in the field of parental responsibility and child protection measures of 19 October 1996. According to this law, the main principle is again the place of residence of the child. However, it must be carefully verified if a particular State is a party to this Convention.
3.States that are not members of the EU or a party to the 1996 Hague Convention, eg Iceland.
- In our opinion, the Polish court will be competent if the applicant and the child are Polish citizens.