Proceedings in cases of international child abduction under the Polish code of Civil Procedure in the face of recast of the Brussels Iia Regulation

Abstract

On 1 August 2022, Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction which is a recast version of the Brussels IIa Regulation, will enter into force. One of the objectives of enacting Regulation 2019/1111 was to review the solutions for the return of a wrongfully abducted child. The subject of this article is the analysis of the provisions of the Code of Civil Procedure applicable in cases of international child abduction in the light of the assumptions of Regulation No 2019/1111. Its aim is to answer the question whether, and if so to what extent, the solutions adopted by the EU legislator require amending the provisions of the Code of Civil Procedure.