If you are seeking international contact with your child who is based in England, you can apply for rights of access via Article 21 Hague Convention. Both Poland and the United Kingdom are signatories of the Hague Convention.
The issuing of an Article 21 application will trigger Children Act 1989 proceedings within the UK. The court with the assistance of Cafcass (court appointed social workers) will perform a welfare exercise to ascertain the best arrangements for the child to spend time with the parent abroad.
The process will involve a number of hearings, and both parents are ordered to file statements setting out their proposals for the contact arrangements. Cafcass will assist the court by speaking to both parents and obtaining the child’s wishes and feelings.
When making a decision the court will take into account of the welfare checklist, especially the background of the child. If a child is of Polish heritage the court will be very mindful to the fact that the child should learn about their heritage and culture. The court will place significant importance on a child spending time abroad with the other parent as this will help them with their identity and maintaining relationships with family abroad.
Easter is a special month and many great Polish traditions are celebrated such as Niedziela Palmowa,Pisanki, Święconka and Śmingus Dyngus. The court will see the importance of a child being present in Poland to enable them to celebrate and participate within these traditions.
Parents who apply for international contact via Article 21 are eligible for non means non merits legal aid. If you are the parent in England with your child it will be means-tested but if you are in receipt of Universal credit it is likely that you will be entitled to legal aid.
This is a very specialist and niche area of law; it is important that you seek the correct legal advice. There is a government approved list of specialist solicitors on the ICACU website. Brethertons is an ICACU approved firm and Simon Craddock is a specialist in international family law.
Please contact our expert Family Team today on 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office) or 01242 472747 (Cheltenham) or email info@brethertons.co.uk, we are here to help.
This blog is also available in Polish. You can read the Polish version here.
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