Category: International divorce
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Category: International divorce

Navigating Post-Divorce Child Contact Arrangements in Poland

Child contact

Embracing a new chapter post-marriage dissolution can be intricate, especially when it comes to matters involving children. Commonly, after the bonds of matrimony fray, parents find themselves at odds over crucial child-related decisions. Setting up a coherent visitation schedule becomes a daunting task, often leading to one parent limiting the other’s interaction with the child.

In the context of divorcing couples with shared minor children, Polish courts play a pivotal role in delineating the contours of contact arrangements. The divorce decree becomes a canvas upon which the schedule of interactions between the non-custodial parent and the children is artfully painted. This court-sanctioned schedule is binding, carrying the weight of legal consequences if not adhered to.

The exception to this rule surfaces when both spouses unite in a joint request to keep child contact matters outside the divorce decree. In this scenario, the court refrains from imposing a schedule.

Child contact encompasses a gamut of interactions, spanning from maintaining correspondence to leveraging digital avenues like WhatsApp, Skype, and phone calls. Additionally, it includes physical presence in the child’s life, encompassing visits, meet-ups, and even the potential for the parent to take the child abroad as part of these interactions.

The granularity of contact arrangements is subject to variation. Some cases call for meticulously crafted schedules with fixed dates and hours for interactions, while others adopt a more fluid approach, where each interaction is individually agreed upon by the parents.

However, the court’s role isn’t solely confined to establishing a roadmap for contact. It also wields the authority to curtail or shape these interactions for the child’s best interests. These limitations may involve restrictions such as disallowing in-person meetings, preventing the child’s relocation from their permanent residence, or even mandating the presence of a guardian, probation officer, or court-appointed individual during interactions.

In extreme cases, the court can completely halt contact if it deems that the child’s well-being is at stake. Decisions surrounding contact arrangements aren’t static; they can evolve over time based on changing circumstances or new evidence.

Engaging in legal proceedings involving child contact is a nuanced journey, particularly when international elements come into play. Cases involving cross-border parental residence, potentially impacting the child’s travel, add an extra layer of complexity. In such situations, seeking guidance from a dedicated Family Law Firm in Poland becomes indispensable. These experts adeptly navigate the intricacies of court proceedings, ensuring that your requests are eloquently presented and substantiated by compelling evidence – all aligned with the child’s best interests.

Our team of experienced family lawyers stands ready to walk with you through the labyrinthine corridors of court proceedings in Poland. Don’t hesitate to reach out – we’re here to guide you toward a resolution that safeguards the well-being of your child while respecting your rights as a parent.

For further information, contact Bernard:

Email / Tel

bernard.lukomski@kpbl.pl

+48 608 093 541 (Mobile)

+48 692 802 229 (WhatsApp)

Divorce in Poland

1. Where do we get a divorce in Poland and how?

Individuals can divorce in Poland by lodging a petition for divorce (dissolution of the marriage) by one of the spouses. Divorce proceedings cannot be initiated either by the public prosecutor or any other person. Spouses can only divorce in the court. Actions shall be brought in a Regional Court. Actions pertaining to marital relations shall be brought exclusively in a court in whose district the spouses had their last place of residence, insofar as one of them still resides or stays there. Otherwise, exclusive jurisdiction shall be vested in the court for the respondent’s place of residence or where there is no such place, with the court for the petitioner’s place of residence.

2. What are the most common reasons that spouses may invoke?

If there has been an irretrievalbe and complete breakdown of matrimonial life between the spouses, divorce may be requested by either of the spouses to the court to order the marriage dissolved by divorce. Both conditions must be met. This complete disintegration will consist of a lack of any spiritual, physical and economic bonds between the spouses. The main reasons causing breakdown of marriage are alcoholism, aggression, violence & marital infidelity.

3. How long does it take to divorce in Poland?

The greater the discrepancies between the parties the longer the process. In the first place the contentious issue may be the fault as to the breakdown of the marriage. If the spouses do not agree to a divorce without adjudging on the guilt, it already heralds a rather lengthy trial, because the court will have to carry out all the evidentiary proceedings in the matter of guilt. Most often this involves the interrogation of a few or a dozen or so witnesses, as well as bringing a number of documents. The second factor that affects the length of the process is the issue of the spouses children. Divorce can end very quickly – even after the first hearing and in the event of an advanced conflict of the spouses – may take up to several years. Thus, you can wait for a long time for a final court decision, but it all depends on the individual circumstances of the particular case.

4. What types of evidence can be used when divorcing?

Evidence proceedings in a divorce case are primarily aimed at determining the circumstances surrounding the breakdown of marriage. The court can allow evidence from witnesses, official documents, private documents, experts opinions, environmental interviews, e-mails, bills and SMS printouts. These are not all acceptable evidence – their catalog is not closed. The possibility of using other proofs is regulated by the Polish Code of Civil Procedure.

5. What other family life aspects are settled once with the divorce?

In the ruling on the divorce, the court rules on joint parental authority over a minor child of both spouses and on parental contact with the child, and decides how much each spouse is obliged to bear on the costs of living and educating a child. The court may also delegate the exercise of parental authority to one of the parents, limiting the parental authority of the second parent to specific rights and duties in relation to the child. The court takes into account the agreement of the spouses on how to exercise parental authority, and maintaining contact with the child after the divorce, if it is compatible with the welfare of the child. Siblings should be brought up together, unless the welfare of the child requires a different outcome. Upon a mutual request of the parties, the court does not adjudicate on keeping contacts with the child.

If the spouses occupy shared accommodation, in the ruling on divorce the court will also rule on the use of the residence for as long as the divorced spouses are sharing accommodation. There is also the possibility that at the motion of one of the spouses, the court may, in the ruling on divorce, divide the joint property, as long as carrying out the division does not cause undue delay to the proceedings.

When the divorce verdict becomes final, a divorced spouse who changed a previous surname as a result of the marriage may submit a statement before the head of the registry office on reverting back to the surname from before the marriage.

6. Is my presence necessary when divorcing?

During the trial, either party could be represented by an attorney at law, however each time in divorce cases the court orders obligatory hearing of the parties, then the presence in court is obligatory.

7. What kind of temporary measures concerning children can be ordered during divorce proceedings?

During a divorce case, the court may grant for injunction by regulating custody of minors and contacts with a child and the secure maintenance claims.

8. How can a parent living abroad keep in touch with his child?

A parent living in another state can keep in touch with his child by visiting him at his place of residence, by having the children over and using electronic means of communication. The issue is not regulated by the law and is left to be regulated by parents.

9. In case a parent lives in another EU State, is that an obstacle for joint custody?

The place of residence of parent is not an obstacle when applying for joint custody.

10. How can a divorce resolution issued in Poland be acknowledged in another EU State?

When divorce is finalised, parties may request the issuance of a European form that can be used in any EU State and is recognized in the other Member States without any special procedure being required.

International divorce and family law issues are very different from purely English family law cases, so it is essential that you seek specialist legal advice.

Things you should know about divorce in the UK

The process of getting a divorce in the UK can contain some unexpected surprises and not just the costs that are involved.

There are some obvious areas of contention for divorcing couples, who gets custody of the kids? who gets the car? how do we split the money in the savings account etc.? – On this page, we talk about 10 other things that divorcees should know about in the UK.

1. The reason a marriage is ending does not impact greatly on the size of the settlement

Just because your partner has committed adultery dos not mean that you will get a bigger settlement. When it comes to division of assets, the court is rarely interested in why the marriage is ending, they are more concerned with dividing resources / assets fairly.

2. Maintenance payments for life are coming to an end

Many people believe that if you have been married for a long time and the wife has stayed at home to look after the children, the courts will agree to maintenance payments for life. This is no longer true. Many courts in England are placing time limits on post divorce maintenance assuming that the spouse who is financially weaker will find work.

3. Adultery is only grounds for divorce where it is committed with a member of the opposite sex

According to English law, the court can only grant a divorce in the UK on the grounds of adultery if it is committed by your spouse with a member of the opposite sex.

4. There is no formula for working out the division of assets

Couples often mistakenly think that there is a formula which is applied to the division of assets, this is not true. In English law, this is discretionary and is based on what each party needs to live on and the principle of sharing assets.

5. A ‘quickie’ divorce does not exist

The reality is that a divorce in the UK takes at least four to six months to conclude and it can be longer if the parties need to reach a financial settlement.

6. Full disclosure means full disclosure

The court takes the duty of disclosure very seriously. Where there is evidence to suggest that a party has deliberately withheld information, at the very least the court may draw adverse inferences against them. In a more extreme case, that party could find themselves with a previous order being set aside or even criminal proceedings being brought against them.

7. Jurisdiction

English courts can dissolve foreign marriages so long as there is an appropriate connection, for example if one or both of you live in England or Wales or you are both from England or Wales. It may be that you and your spouse have connections with more than one country and that you have the option to get divorced in the UK or abroad. Choosing the right country to get divorced in is important as it can have a big impact on how the marital finances are shared. If you think your spouse intends to start divorce proceedings in another country, you should seek family law advice urgently as you may wish to start divorce proceedings in England or Wales before they do. This is known as a petition race.

8. International divorce

If you are going through an international divorce – that is, a divorce with international elements – speed is very important to ensure that the courts of a particular country are able to deal with the case. You need to check the position with an international divorce lawyer before discussing family mediation, collaborative law or counselling. You may find that if you talk to your partner about the position he or she might rush off and start proceedings in another country, which could have serious implications.

International divorce and family law issues are very different from purely English family law cases, so it is essential that you seek specialist legal advice.