KIELTYKA GLADKOWSKI has extensive experience in assisting Clients in complex matters related to family law, particularly in relation to international aspects of family law, including international divorces, cross border asset disputes, hidden assets, family foundations, pre- and post-nuptial agreements, cross-jurisdictional issues of family and matrimonial law, children matters, parental authority, tax advisory work for wealthy individuals.
RECOGNITION / ACKNOWLEDGEMENT OF A FOREIGN MARRIAGE
The legal basis for the possibility of registering marriages concluded abroad in Poland is contained in the provisions of the Act of 28 November 2014 – Law on civil status records.
KIELTYKA GLADKOWSKI PROVIDES LEGAL ASSISTANCE IN THE REGISTRATION OF A FOREIGN MARRIAGE CERTIFICATE, ITS TRANSCRIPTION OR RECREATION
If the marriage was concluded abroad, it is possible to draw up a Polish marriage certificate in one of the special modes of civil status registration.
These are:
The application in the cases may include the person affected by the event or another person who demonstrates a legal interest.
The application in these matters is submitted to the selected (any) head of the registry office.
If the foreign document confirming the conclusion of marriage does not contain the spouses’ statement on their surname after the marriage, the spouses may submit such statements in the submitted application for transcription/reconstruction or at any time submit them for the record before the head of the registry office that made the transcription/reconstruction. In the same procedure, the spouses may submit a statement on the surname of the children born of this marriage.
KIELTYKA GLADKOWSKI HELPS IN COMPLETING THE DOCUMENTS NECESSARY TO RECOGNIZE A FOREIGN MARRIAGE CERTIFICATE
The application should be accompanied by the following:
together with an official translation of these documents into Polish and proof of payment of the appropriate stamp duty for the complete copy issued after payment or consular fee if the application is submitted through a consul.
KIELTYKA GLADKOWSKI PROVIDES TRANSLATION SERVICES WITHIN THE AREA OF INTERNATIONAL FAMILY LAW
Official translation of documents into Polish should be done by:
The following documents are also considered translated by the consul:
In the absence of a sworn translator of a foreign language on the territory of the Republic of Poland, a foreign document confirming marital status in a foreign language may be translated by a consul or an authorized employee of a diplomatic representation of a foreign country on the territory of the Republic of Poland.
A judgment given in one Member State is recognized in other Member States without the need for any special procedure.
The court of the Member State of origin shall, at the request of the party, issue a certificate concerning a judgment in matrimonial matters using the appropriate form.
The certificate shall be completed and issued in the language of the judgment. The certificate may also be issued in another official language of the institutions of the European Union requested by one of the parties.
KIELTYKA GLADKOWSKI helps in submitting the relevant documents in order to refer to a judgment issued in another EU Member State
In such a situation, the party submits:
– a copy of the decision that meets the conditions necessary to establish its authenticity;
– a certificate on the form referred to above.
The court or competent authority before which a party invokes a judgment given in another Member State may, if necessary, oblige the party invoking it to provide a translation or transliteration of the transliterated content of the text fields of any certificate, as well as the judgment of the foreign court itself.
If the required documents have not been produced, the court or competent authority may set a time limit within which they must be produced, may accept equivalent documents or, where it considers that it has sufficient information, may waive the obligation to produce them.
A court before which a judgment given in another Member State is invoked may stay the proceedings pending before it, in whole or in part, if:
(a) an ordinary appeal has been lodged against that judgment in the Member State of origin;
(b) an application is made for a decision finding that there are no grounds for refusal of recognition or for a decision refusing recognition on the basis of one of those grounds.
The court may refuse to recognize such a judgment in the following situations:
– if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked;
– where the judgment was given in default, if the opposing party was not served with the document instituting the proceedings or an equivalent document in time and in such a way as to enable him to arrange for his defence, unless it is established that the opposing party has expressly agreed with the judgment;
– if the judgment is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is invoked;
– if the judgment is irreconcilable with an earlier judgment given in another Member State or in a third country between the same parties, provided that the earlier judgment fulfills the conditions necessary for its recognition in the Member State in which recognition is invoked.
Public instruments and agreements on separation and divorce which are legally binding in the Member State of origin are recognized in other Member States without the need for any special procedure.
For the purposes of enforcement in Poland of a judgment given in another Member State, the party seeking enforcement shall submit to the authority competent for enforcement:
– a copy of the decision that meets the conditions necessary to establish its authenticity;
– the relevant certificate included in the form, which is also referred to in the section on recognition of judgments.
For the purposes of enforcement in Poland of a judgment given in another Member State in which an interim, including protective, measure has been ordered, the party seeking enforcement shall submit to the authority competent for enforcement:
– a copy of the decision that meets the conditions necessary to establish its authenticity;
– an appropriate certificate on a form certifying that the judgment is enforceable in the Member State of origin and that the court of the Member State of origin has jurisdiction as to the substance of the case;
– proof of service of the judgment – if the measure was ordered without summoning the opposing party to appear.
The authority competent for enforcement may, if necessary, require the party requesting enforcement to provide a translation or transliteration of the translatable content of the text fields of any certificate specifying the obligation to be enforced, as well as the judgment of the foreign court itself.
The party seeking enforcement of a judgment may apply for partial enforcement of the judgment. If the judgment has settled several claims and enforcement is refused in respect of some of these claims, enforcement is nevertheless possible in respect of the parts of the judgment that are not affected by the refusal of enforcement.
The authority competent for enforcement or the court in the Member State of enforcement shall, ex officio or at the request of the person against whom enforcement is sought, stay the enforcement proceedings if the enforceability of the judgment has been suspended in the Member State of origin.
The competent authority may do so for the following reasons:
– an ordinary appeal against the judgment has been lodged in the Member State of origin;
– the time limit for lodging an ordinary appeal has not yet expired;
– an application for refusal of execution has been filed.
In principle, the grounds for suspension or refusal of enforcement under the law of the Member State of enforcement also apply.
The law of the Member State of enforcement applies to the procedure for submitting an application for refusal of enforcement, to the extent that it is not regulated by EU Regulation 2019/1111.
Either party may appeal or challenge the decision on the application for refusal of enforcement.
The appeal or complaint shall be lodged with the designated authority or court to which such appeal or complaint is to be lodged.
The authority competent for enforcement or the court to which an application for refusal of enforcement has been made or which is dealing with an appeal may stay the proceedings for one of the following reasons:
– an ordinary appeal against the judgment has been lodged in the Member State of origin;
– the time limit for lodging an ordinary appeal has not yet expired.
WE OFFER OUR CLIENTS ASSISTANCE IN ALL DISPUTES RELATED TO PARENTAL AUTHORITY AND IN ESTABLISHING CONTACTS WITH THE CHILD
In Poland, divorce courts, when conducting a divorce case, also decide on the issue of parental authority, contact with the child and incurring the costs of raising and maintaining the child, however, all these rights and obligations can also be claimed in separate proceedings even after the end of the divorce proceedings. The key right taken into account when adjudicating on the above-mentioned rights of parents in relation to the child is the good of the child. This term does not have a detailed definition and in each case it will be considered due to the condition of the child, its needs, relations with individual parents and their ability to properly care for and bring up the child. When conducting cases regarding the determination of parental authority and contact with a child, we focus on the widest possible assistance to Clients in the following matters:
– preparing and translating written agreements between spouses on the manner of exercising parental authority and maintaining contacts with the child after divorce,
– developing evidence for the compliance of individual provisions for the best interests of the child,
– preparing applications and developing evidence and strategies based on witnesses testimony for limiting, depriving or suspending parental authority,
– preparing and translating applications for regulating contacts with children, appeals against court’s failure to adjudicate on maintaining contacts with the child and for securing, i.e. regulating contacts with the child for the duration of the proceedings,
– we conduct proceedings to establish judicial and extrajudicial contacts with the child for foreign clients whose children live with the other spouse in Poland after divorce or separation,
– we assist in drawing up applications with a payment order for non-performance or improper performance of contacts,
– conducting proceedings regarding the grounds for the division of joint property, jointly owned flat or granting a flat to one of the spouses and eviction cases related therewith.
A separate legal issue in relation to the maintenance obligation between spouses is the maintenance obligation towards the child. Parents, regardless of whether they live together or separately, are obliged to bear the costs of raising and maintaining a child who is unable to provide for himself or herself. The amount of child support is determined depending on the justified needs of the child and the financial and earning capacity of the obligated parent. Such justified needs will be funds to pay for housing, food, clothes, medical treatment, personal hygiene, education, rest and entertainment.
KIELTYKA GLADKOWSKI HAS EXPERTISE IN:
– conducting proceedings regarding all the grounds for adjudicating, repealing or changing the amount of child support;
– developing evidence on the circumstances of demonstrating the child’s justified needs in order to assess the amount of maintenance due;
-preparing evidence confirming the excessive detriment to parents due to paying maintenance for an adult child or a child who does not make efforts to become independent.
KIELTYKA GLADKOWSKI PREPARES AND FILES APPLICATIONS FOR A CHANGE OF THE AMOUNT OF ADJUDICATED MAINTENANCE
Over time, both parties – the parent or the child – can request a change in the amount of maintenance awarded due to specific circumstances. The child will usually apply for an increase in the amount of child support awarded. This may be related to the improvement of the parent’s financial situation, inflation, as well as the deterioration of the child’s health. As a rule, the parent applies for a reduction in the amount of alimony awarded, which is often related to the deterioration of the financial situation, loss of job, as well as the parent’s illness.
KIELTYKA GLADKOWSKI HANDLES ALL ASPECTS OF ASSET DIVISION CASES IN DIVORCE AND SEPARATION PROCEEDINGS
We have extensive experience in valuing marital property and representing divorcing parties in the property division process. Our family lawyers provide recommendations and guidelines as well as prepare detailed pleadings and applications to court, taking into account various factors related with the distribution of assets, including distribution of high net assets, like the length of the marriage, health and age of both spouses, any possible marital misconduct, the standard of living of both spouses, both spouses’ contributions to mutual assets, earning power of both spouses.
KIELTYKA GLADKOWSKI HAS VAST EXPERIENCE IN HANDLING INTERNATIONAL CHILD ABDUCTION CASES
Our lawyers have in a number of cases assisted in very complex matters regarding international child abduction cases, based mainly on the Hague Convention of 25 October 1980 on the Civil Aspects of Child Abduction.
KIELTYKA GLADKOWSKI assists in preparing and submitting applications for the return of the child, in securing contacts with the child for the time of the proceedings.
Child abduction or retention is considered wrongful if:
(a) there has been a violation of the rights of custody granted to a specific person, institution or other organisation, exercised jointly or individually, under the legislation of the country where the child was habitually resident immediately prior to the removal or retention, and
(b) those rights were effectively exercised jointly or individually at the time of the removal or retention, or would have been so exercised had the removal or retention not taken place.
The right to custody may arise, in particular, by operation of law, by a judicial or administrative decision, or by an agreement having legal force under the legislation of that State.
KIELTYKA GLADKOWSKI prepares and submits applications to the central authority of a specific country to ensure the return of the child
Such a request should contain a number of elements listed in the Hague Convention:
– information on the identity of the applicant, the child and the person alleged to have abducted or retained the child;
– date of birth of the child, if possible;
– the grounds relied on by the applicant for the return of the child;
– all available information regarding the whereabouts of the child and the identity of the person presumed to be with the child.
KIELTYKA GLADKOWSKI HELPS COMPLETING DOCUMENTS TO BE ATTACHED TO THE APPLICATION FOR THE RETURN OF THE CHILD
The application may be attached or supplemented with:
– certified copies of any award or settlement relevant to the case;
– a certificate or certified statement from the central authority or other competent authority of the state of permanent residence of the child or a competent person regarding the provisions of the legislation of that state in this respect;
– any other useful documents.
The judicial or administrative authorities of each Contracting State should act promptly for the return of the child. If the judicial or administrative authority concerned has not taken a decision within six weeks from the date of receipt of the request, the applicant or the Central Authority of the requested State may, on its own initiative or at the request of the Central Authority of the requesting State, request reasons for the delay. If the Central Authority of the requested State receives a reply, it shall transmit it to the Central Authority of the requesting State or, where applicable, to the applicant.
The judicial or administrative authority of the requested State is not obliged to order the return of the child if the person, institution or organization opposing the return proves that:
(a) the person, institution or organization caring for the child was not actually exercising custody at the time of the removal or retention, or consented or subsequently consented to the removal or retention; or
(b) there is a serious risk that the return of the child would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
The judicial or administrative authority may also refuse to return the child if it finds that the child objects to being returned and that the child has reached an age and degree of maturity at which it is appropriate to take his or her views into account.
KIELTYKA GLADKOWSKI REPRESENTS CLIENTS’ INTERESTS IN PROCEEDINGS CONCERNING CHILD ABDUCTION
KIELTYKA GLADKOWSKI provides recommendations and strategy for the proper conduct of the proceedings at every stage and submits the necessary applications beneficial to its Clients.
KIELTYKA GLADKOWSKI also cares about the court respecting the right to be heard by its Clients.
KIELTYKA GLADKOWSKI PREPARES AND FILES APPEALS AGAINST UNFAVORABLE DECISIONS DENYING THE RETURN OF THE CHILD, INCLUDING APPEALS AND EXTRAORDINARY APPEALS
KIELTYKA GLADKOWSKI has vast expertise in assisting Clients on the proceedings based on the Regulation 2019/1111 – Jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast), particularly in the procedure following a refusal to return the child under point (b) of Article 13(1) and Article 13(2) of the 1980 Hague Convention, based on Art. 29 and Chapter IV of the Regulation 2019/1111.
Act of February 25, 1964 Family and Guardianship Code (Journal of Laws of 2020, item 1359, of 2022, item 2140);
Act of April 23, 1964 Civil Code (Journal of Laws of 2022, item 1360);
Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility and on international child abduction (recast) (Official Journal of the European Union 2019.178.1);
Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (Journal of Laws 1995.108.528);
Act of February 4, 2011 – Private International Law (Journal of Laws of 2015, item 1792);
Act of November 28, 2014 – Law on civil status records (Journal of Laws of 2022, item 1681);
Act of 16 November 2016 on stamp duty (Journal of Laws of 2022, items 2142, 2236);
Act of 25 June 2015 – Consular Law (Journal of Laws of 2021, item 823, of 2022, items 350, 583);
Regulation of the Minister of Foreign Affairs of 18 December 2015 on consular fees (Journal of Laws of 2015, item 2237).