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Child Support Advice - starting a case in Poland from the UK?

Karl1983 8 | 41
5 Jun 2015 #1
Hi, I was just wondering if anyone on here can give me some advice with regard to child support. Two years ago a friend of mine moved to the UK seeking a better life. His wife and daughter stayed in Poland with the intention of joining him once he had organised everything e.g. accommodation, benefits etc. However, she never made it to the UK, instead she fell in love with another man and remained in Poland. She divorced my friend then took him to the family courts in Poland and demanded 1500 zloty a month in maintenance. Fortunately, he found himself a good solicitor and only has to pay 400 zloty a month. Bearing in mind he has a minimum wage job.

Another friend of mine split up with his partner last year, they both live in the UK and have a three year old child. His ex-wife wants to remain in the UK, however, my friend would like to return to Poland. He would like to bring their child over to Poland during the summer holidays. The problem he has is with regard to maintenance. His ex told him that if he returned to Poland she would take him to court there and try to get as much as she could from him. My question is:- If you are a resident parent and reside in the UK, can you open a case in Poland? Would the Polish courts not tell her that this is a case for the CSA in her resident country? I appreciate any assistance that anyone might be able to offer. I know that he should seek legal advice which I am sure he will, the reason I ask is that some posters on here are very knowledgeable when it comes to issues like these. Thanks in advance.
teargas - | 71
5 Jun 2015 #2
The case is where the child is resident. The Polish court in this case has no jurisdiction, and her threats can be safely ignored.

However, don't discount the possibility of her attempting to register the child in Poland, perhaps at a grandparents address. In that case, the friend must be well prepared to show that the child is actually resident in the UK.
OP Karl1983 8 | 41
5 Jun 2015 #3
Thank you very much Teagas that's good to know. The child starts school in England in September so my friend would be able to prove that his child couldn't be a resident in Poland. I would also include the fact that the mother works in the UK and claims tax credits etc. Thanks again.
teargas - | 71
5 Jun 2015 #4
Urge him to compile a dossier of evidence. He should obtain as much as possible, and preferably copies of things such as CSA letters from the UK and a letter confirming that the child is registered in the school in question.

Having said this, if he earns less than roughly 1100zl a week gross in Poland, he will pay nothing in child support.
OP Karl1983 8 | 41
5 Jun 2015 #5
Thanks I'll pass that information onto him. He'll be able to get the school's name.

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