PolishForums.com
POLAND . The Unofficial Guide
Unanswered | Archives
Poland for Expats and Tourists Witamy, Guest | PF Members | Gold Members

Polish Forums / Polonia - USA, Canada /

Polish Law and divorce from a US citizen - when does it apply?


posts: 4

forcedoc  Jun 8, 11, 09:41    #1
I am a U.S. citizen and I married a Pole who also was born in the U.S. We have 2 children. We went through a messy divorce and since then he has gotten dual citizenship for himself and the kids. My ex has moved back to Europe and due to multiple circumstances (including his threat to take the kids to Poland where I would never see them again) I have sole custody. Now he has gotten my daughter all riled up saying he was going to reopen the case in Poland for custody and put me in jail for perjury. I don't think he can do anything unless we are in Poland. Is that true?
delphiandomineThreads: 42
Posts: 9,954
Joined: Nov 25, 08
[Suspended]
 Jun 8, 11, 12:08    #2
forcedoc:
I don't think he can do anything unless we are in Poland.


First things first, make sure that the US border guards know that the children are not to be removed from the USA under any circumstance. The Polish legal system is a mess - it wouldn't shock me if he actually managed to persuade the family court (as it's called here) that he should have custody. Obviously, America won't enforce Polish judgements in this respect - but you never know what a foreign jurisdiction might do.

Also : make sure that you never sign any documents allowing the children to have a Polish passport.

Essentially, while he could try opening a criminal case against you in Poland - as long as you stay in the US, you've got nothing to worry about. Personally though - I recommend staying clear of Europe if he does attempt any legal action - Poland is notorious for trying to get people deported to Poland for sometimes very trivial things.
MidasThreads: 2
Posts: 788
Joined: Jul 19, 10
 Jun 8, 11, 12:09    #3
He aught to try in Albania or Kazakhstan while he's at it, I'm sure he can get You sentenced to life in jail for grand treason or espionage over there, all for the price of three chickens and a dozen eggs...

If You're a U.S. citizen and Your kids are in U.S. I wouldn't worry about Polish courts.
HarryThreads: 62
Posts: 8,508
Joined: May 2, 07
[Suspended]
 Jun 8, 11, 14:45    #4
delphiandomine:
First things first, make sure that the US border guards know that the children are not to be removed from the USA under any circumstance. The Polish legal system is a mess - it wouldn't shock me if he actually managed to persuade the family court (as it's called here) that he should have custody. Obviously, America won't enforce Polish judgements in this respect - but you never know what a foreign jurisdiction might do.

Also : make sure that you never sign any documents allowing the children to have a Polish passport.

I think that the original poster said that the kids have dual nationality but you're right, signatures of both parents are needed in order to obtain a Polish passport (even when the parents are divorced!).

Personally I wouldn't place too much faith in the US border guard and (as far as I know) they only keep lists of minors who are not allowed out of the country for 28 days. And I would place even less faith in the Polish family court. If he can get the kids to Poland, you may well have problems (possibly very severe problems) in getting them back.

I'd strongly suggest being pro-active: get a court order which specifically states that the children are never allowed out of the the USA without their mother and which requires that their passports are held by a third party. That way if the kids do have Polish passports, he will need to surrender them or he'll be in contempt of court. Also, if he does somehow get the kids to Poland, you won't be dealing with a custody case in the family court, you'd just be applying to have a foreign court order recognised by and enforced in Poland. Given his threats to take the kids to Poland and make sure you never see them again as well as you having sole custody and his threats to your daughter to have you put in prison, it shouldn't be too hard to get such an order.

As for his threats of legal action in Poland, nothing to worry about at all. But just to make sure, email citizen services at the US embassy in Warsaw and ask them to contact the public prosecutor in whichever city he'd report you (i.e. the one where he lives) to formally give him your correspondence address (and get them to ask to be copied on all correspondence).



Home / Polonia - USA, Canada / Unanswered [this forum] | Similar


Similar discussions:

Where to buy Polish National Soccer Team jersey in the US?  Rita Cosby QUIET HERO: SECRETS FROM MY FATHER'S PAST


Random: looking for POLISH actors in NORTHERN IRELAND

Only registered and logged-in users may post here. Please log in or register.


49 [Guests - 36 / Members - 13] users on live forums now


Home | Unanswered | Archives | Random | Statistics Time in Poland: 01:06 / May 27

About Us | Contact Us | Rules, Privacy | Poland Advertising

© 2005-12 PolishForums.com