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  Issues regarding which court has jurisdiction to hear a case relating to the child care and parental responsibility are determined by regulations The Hague Convention and the Polish Civil Code. Article 1103 of the Code of Civil Procedure states that they are subject to the national jurisdiction of Polish courts matters if the child has his or her place of residence or habitual residence in Poland or the parties are Polish citizens. The Hague Convention on Jurisdiction also bases the court's jurisdiction to adjudicate applying the criterion of the child's habitual residence.

It is assumed that the child's habitual residence is "the place which

reflects a certain degree of integration of the child with the social environment and

home” in a given country. In the case of an infant or small child

it is shared with those on whom it depends, i.e. parents or

guardians, i.e. it is important to assess the integration of the parent or guardian in a given 

country.

Even if the English court has exclusive jurisdiction at the time of filing

application to hear a given case and the application has been submitted to the Polish court, if it decides that it is better placed to assess the goodthe child may apply to an English court to assume jurisdiction.

As we see above, it is up to the court to determine the child's habitual residence

Which country, Poland or the UK, will consider the custody case?

When does the child's habitual residence change and before which court?

We will provide information on procedures and legal regulations, and we will help you

reaching an agreement with the other party. 

We will be sure to guide you through the entire court process so that you can avoid it

common mistakes.