By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Multi-Jurisdictional Divorce PLLC has extensive experience handling international family law matters involving Poland. We represent both Polish and non-Polish clients in complex cross-border disputes, including divorce, custody, parental responsibility, relocation, and cases involving competing proceedings in U.S. and Polish courts. These matters often present sophisticated jurisdictional questions requiring simultaneous strategic planning across multiple legal systems.
Coordinated Approach Between U.S. and Polish Courts
Our work frequently requires coordinating U.S. litigation with proceedings in Poland, especially where jurisdiction, enforcement, or emergency protective measures overlap. We routinely advise clients on how Polish court orders interface with U.S. systems such as the UCCJEA, and how U.S. courts evaluate Polish judgments, interim orders, and custody arrangements. When matters require filings or representation in Poland, we collaborate with skilled Polish family lawyers to ensure full procedural compliance and alignment with our U.S. strategy.
Overview of Polish Divorce Law
Divorce in Poland is governed by the Polish Family and Guardianship Code of 1964, which regulates marriage, parental authority, matrimonial property, and maintenance.
Polish courts may grant a divorce only upon finding a complete and irretrievable breakdown of matrimonial life, meaning the loss of spiritual, physical, and economic bonds. Even where this breakdown is established, a divorce may be denied if it would harm minor children, violate principles of social coexistence, or if the petitioning spouse is solely at fault (unless the other spouse consents or withholding consent would be contrary to social norms).
Polish proceedings prioritize fact-finding: both spouses must be heard, and the court determines breakdown independently, regardless of admissions. Interim measures are common in Polish family cases and, in practice, often function as quasi-final orders, typically carried forward into the final judgment absent extraordinary developments.
Jurisdiction in Polish Divorce Proceedings
Jurisdiction is governed by Article 110³¹ of the Polish Code of Civil Procedure, which confers national jurisdiction when:
- The spouses had their last common residence in Poland and one still resides there;
- The petitioner has been resident or habitually resident in Poland for the statutory period (six months for Polish citizens, one year for non-citizens); or
- Both spouses are Polish citizens.
These rules frequently intersect with U.S. jurisdictional doctrines such as the UCCJEA, forum non convenient evaluations, and comity analyses. Our firm provides detailed legal opinions for U.S. courts assessing whether Poland is the more appropriate forum for dissolution or custody matters.
Hague Convention Issues Involving Poland
Poland is a contracting state to the Hague Convention on the Civil Aspects of International Child Abduction, and its application of the “grave risk” exception has been scrutinized internationally.
One notable decision is Nowacki v. Nowacki, 2015 ONSC (Ontario Superior Court), in which a Canadian judge sharply criticized two Polish courts for misapplying the grave-risk standard. Despite acknowledging wrongful retention, Canada as the habitual residence, and the father as a capable parent, the Polish courts denied return based on the emotional difficulty of separating the child from the abducting parent. The Canadian court rejected this reasoning as “repugnant to the objectives of the Convention,” emphasizing that grave risk must be reserved for situations involving true danger, not general welfare concerns.
Cases like Nowacki illustrate the importance of understanding how Polish courts approach Hague petitions and underscore the need for strategic preparation when a Hague case intersects with Polish domestic proceedings.
Expert Opinions and Cross-Border Analysis
Attorney Elena can prepare written expert opinions, whether to be submitted in U.S. courts and, where permitted, foreign courts, addressing issues such as:
- Polish divorce standards and evidentiary requirements
- Parental responsibility and custody principles in Poland
- Interpretation and enforceability of Polish court orders
- Application of the Hague Convention by Polish courts
- Interaction between Polish proceedings and U.S. jurisdiction
These opinions help courts evaluate risk factors, jurisdictional appropriateness, enforceability, and the practical realities of litigating in Poland.
Strategic Considerations in Cross-Border Cases Involving Poland
When Poland is involved, international child-abduction and custody planning must be addressed at the outset, with close attention to Hague Convention obligations, EU-based jurisdictional principles, and Poland’s domestic family-law framework.
Effective representation therefore requires early identification of jurisdictional risks, coordinated strategy across U.S. and Polish proceedings, and accurate presentation of Polish law to U.S. courts to ensure enforceability and long-term stability of orders. Once jurisdictional missteps occur, legal options can narrow quickly.
At Multi-Jurisdictional Divorce, PLLC, we advise parents to act before borders are crossed and before jurisdictional conflicts arise. If Poland is part of your family’s legal landscape, early, coordinated strategy can be decisive. Cross-border child disputes demand precision, foresight, and timely legal guidance to protect what matters most.