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How to get custody of my children? I am a foreigner on a Poland's karta pobytu (temporary residence card)


crucru
13 Nov 2011 #1
Hi.
I' am a latin women, living in poland close to 5 years with a polish man. I have two daughters they have polish nationality.
Like a couple we have to much problems ...i really dont know ..if is normal in Poland insulting and making women feel bad, for me this is a psychological abuse...he said he has too much strees and cous of that he is that way ....and he hit me ones.....so i have really enough.

Like a forenger i have not a work permision so...i am manege to found small jobs where there is no need to have papers. Actually he has lot of money and I do not need to work. But I prefer to have my money so I can decide to buy and what not...ok ....so; i tried he understan that we have a bad relationship and it is best to be separated. I said I prefer go to my country with my daughters and i not want he pay me nothing for aliments ,etc, but he persists... he wants girls live in poland, i really have not problem at all whit this..., but he is all the time making problem about he is payint 1000 zl for girls aliments and apartment but....how can i pay if i have not a work permis? how i can be independent economic if i just able to make money from few spanish lessons?, and cous i live in one of his apartmens he said he have the right to we and stay the long he wants at my place cous is his. everything is so confusing...I just know I have enough of this....and i want go to cort...he said he has lot of money so i have not chance to winn in the cort..cous if is necesary he will pay for have girls with him.... i have not money really for pay a good prived lowyer ..i really dont know how to manege this situation....i just want have custody of my girls and take the first fly home i dont want money nether aliments....i just want pace.
pip 10 | 1,661
13 Nov 2011 #2
get a lawyer, stop listening to your husband- just because he has the money doesn't mean you don't have rights.

seriously, step one english or spanish speaking lawyer.
OP crucru
13 Nov 2011 #3
thank's
mafketis 23 | 8,390
13 Nov 2011 #4
With two daughters you really should try couples therapy first before wrecking their family life.
Ant63 11 | 403
13 Nov 2011 #5
Get a lawyer fast before you make a big mistake. If you are Poznan area I have two lawyers who understand International Child law that I can put you in touch with. If you are from a "Non Hague Convention Signatory Country" you could cut and run with alomost no fear of repercussions but i wouldn't advise that.
pip 10 | 1,661
13 Nov 2011 #6
With two daughters you really should try couples therapy first before wrecking their family life.

that is such an ass thing to say.

you could cut and run with alomost no fear of repercussions but i wouldn't advise that.

don't even think this. go the legal route. she would be living her life in constant fear and worry. don't do it. get a lawyer and get one fast.
mafketis 23 | 8,390
13 Nov 2011 #7
that is such an ass thing to say.

How so? She's only talking about what she wants in the first post, no thought at all about the kids (except that she wants them with her).

It's quite possible that their problems can be settled through therapy. Not for sure, maybe not even probably, but she owes it to her children to make more of an effort than she indicates has been made in the first post.
pip 10 | 1,661
13 Nov 2011 #8
I disagree. Obviously nobody knows the real situation- and we only have her words to go on. If her husband is verbally and on occasion physically abusive -what do you think this is doing to the kids.

People don't change and no amount of therapy will change this behaviour. People can be taught to control their behaviour but not change it.

Being in an abusive relationship of any sorts changes a person- it will definitely change the kids.
some relationships just can't be fixed with therapy. He has control issues by her words- how do you think he will react to therapy.

and as for the kids- it is healthier for them to see their mother happy and strong instead of weak and in an abusive relationship.

She needs a lawyer now.
Angel-eyes
14 Nov 2011 #9
There's two sides to every story! But pip has damned the guy already. Must be a women thing that it's always a bad guy.
pip 10 | 1,661
14 Nov 2011 #10
I haven't damned anybody. the crazy train runs both ways- I am just going by what she has written. I think I have already said a few times- get a lawyer.
Aristocat28 - | 3
6 Jun 2017 #11
Merged:

Poland - how much does it cost to get full custody of child?



Hello. What are the costs and process involved in removing the other parent's rights for a child born overseas? How long would it take? The internet says application to the court costs 100 zl, but how much would the lawyer fees be? Is it possible to self represent? The other parent hasn't seen the child in a year, is currently overseas, in jail, hasn't ever paid any money, and physically harmed the child as a newborn (the Hague convention would not send the child back if it came to it). I've read so many of your threads about how easy it is to lose your children to Poland, but how easy is it actually?

We are from Australia and in Australia it is impossible to remove the other parent's rights no matter how abusive and absent they are.
Azis - | 5
22 Apr 2020 #12
Dear, the mother of my children left to Poland from the Eu country without my consent, for nine months she did not allow me to reach my children, I have 50% custody, I want to recover my children, it seems that I have the right to do so, what do you advise me to do?
DominicB - | 2,704
22 Apr 2020 #13
what do you advise me to do?

Talk to a lawyer.
Azis - | 5
22 Apr 2020 #14
Thanks, I have already talked to a lawyer where I live, in different Eu country, he told me that I can go and fetch my children, I don't know if Poland has different rules.
Guest
23 Apr 2020 #15
@Azis

Ask your lawyer. That's their job.
mafketis 23 | 8,390
23 Apr 2020 #16
talked to a lawyer where I live, in different Eu country, he told me that I can go and fetch my children

Virtually every EU country favors bringing and/or keeping kids in it rather than in other countries. A Polish court will almost certainly side with the mother to keep them in Poland and if you try to abduct them then you could find yourself in serious legal trouble.....

You need a lawyer in the country you're living in and maybe in Poland but in international custody cases where the kids are at the moment counts for more than most anything else.
delphiandomine 85 | 18,266
23 Apr 2020 #17
With one exception - if a ruling regarding custody/location of the children was made in another Hague Convention signatory country first, then if you can get them out of Poland, other countries will respect the first ruling. Remember that recent case with the guy who 'kidnapped' the kid? It all went quiet once the Polish authorities realised that the child was abducted in the first place.

It's a major failing of the EU that child kidnappings by family members aren't taken more seriously.
mafketis 23 | 8,390
23 Apr 2020 #18
then if you can get them out of Poland

A big if....

What if the mother has already received custody in Poland? (or is that possible if the father's in another country?)

Well low birth rates mean every EU country tends to regard children the way the PRL regarded hard currency...
Azis - | 5
23 Apr 2020 #19
Dear, The mother is the kidnapper, also she violates the penal code by denying me the right of my children's custody, as well as engage in specific alienating behaviors.

she has no legal custody in Poland, she has 50% as me in the country where my children are born.
Regards,

Also, ruling regarding custody/location of my children was made in another Hague Convention signatory country first, not in Poland and she has no custody decision in Poland
jon357 63 | 15,214
23 Apr 2020 #20
You need a lawyer in the country you're living in

A lawyer who has experience working on transnational custody cases.
delphiandomine 85 | 18,266
23 Apr 2020 #21
What if the mother has already received custody in Poland?

As long as the first judgement was in a Hague Convention signatory, other countries following the convention will go by the principle that the first judgement is what matters.

What's disgusting about Poland's attitude in this case is that they turn a blind eye to kidnapping where the kidnapper is a Polish citizen.
Azis - | 5
23 Apr 2020 #22
Thank you for the positive answer.
Azis - | 5
25 Apr 2020 #23
Dear, My children are not born in Poland, we have European citizenship, they also have Polish citizenship, their home address is not in Poland, and their mother takes them illegally to Poland, I want to bring my children in a legal way, and I have the legal documents to do so, do you think that the authority in Poland will respect that, Or it will be difficult for me.


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