text translated automatically from the Polish version
[Legal status as at January 2019]
In countries with which Poland has concluded a bilateral agreement to obtain alimony, you must submit (in principle):
- application for recognition and enforcement of a decision (it can be filed directly with the competent court of the state in whose territory the decision is to be recognized and enforced) or
- through the court that recognized the case at first instance.
What is important, further credentials are carried out personally (ie without the mediation of the court of first instance) with the competent foreign body.
List of required documents:
- application for recognition and enforcement of the decision,
- certified copy of the judgment / settlement for use abroad (it must contain the court's note from the time when the decision is valid, enforceable and that in ordinary course no ordinary remedy is available to them),
- a document stating that the party (the debtor) who did not take part in the proceedings before the court received a notice of the initiation of the proceedings, a summons for the hearing and a copy of the statement of claim,
- certified translation of the above-mentioned documents into the official language of the country where the application is to be recognized and enforced.
It should be remembered that before completing documents, make sure that they are all required, because there may be slight differences between the individual states regarding the mandatory documents. It is worth noting that all costs related to the application (in particular the cost of translation) are borne by the applicant.
Execution of child support abroad
Execution of maintenance abroad is already carried out according to foreign law. Proceedings may include, in accordance with the legislation of the State to which it belongs, or proceedings for the declaration of enforceability - exequatur or registration - or even a new claim, based on a judgment sent in accordance with the provisions of the paragraph. The Receiving Body undertakes as part of the authorization granted to and authorized by the authorized authority, including the settlement of the claim by means of a settlement and, if necessary, to initiate and conduct the case for maintenance and execution of the judgment or any other court title adjudging maintenance. The Receiving Organ informs the Transmitting Body of the case. If he can not report the case, he or she informs the Uploading Authority of the reasons and returns the files.