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  • Faithful to my Homeland, the Republic of Poland

     

  • ENFORCEMENT OF CHILD SUPPORT ORDER

  • Enforcement of the payment of child maintenance/alimony from persons residing in specified Canadian provinces

    Considering the existing mutuality between the RP and the governments of Canadian provinces, Manitoba, Ontario and Saskatchewan, in the area of the recognition of court decrees in family proceedings, including claims for child maintenance/alimony, it is possible to enforce the payment of child maintenance/alimony from a person who resides in one of the aforementioned provinces, at the request of the authorized person who lives in the country.  In order to do that, it is necessary to do the following in Poland:

    1. Obtaining a Judgment awarding the child maintenance/alimony from the person residing in Canada.
    2. Filing an application in a district court with a request for the ascertainment of the enforceability of the Polish court's judgment and for its enforcement, addressed to a court with the jurisdiction over the area where the obligated resides (or a written statement for the court's report).
    3. Enclosing a copy of the judgment awarding child maintenance/alimony with the justification, which contains a clause about its legal validity and enforceability (these documents are prepared by the court that issues a decree at the request of the person applying for the said child maintenance/alimony).
    4. Enclosing authenticated copies of documents confirming that a summons or another official notice about instituting legal proceedings has been duly delivered at the right time and in the right way to the respondent who has not participated in the court proceedings (these documents are prepared by the court issuing a decree).
    5. Enclosing a written statement, made before o Notary Public, on the amount of overdue and current child maintenance/alimony.
    6. If the Judgment awarding the child maintenance/alimony contains a statement about ordering the debtor who stays abroad to pay legal costs for the benefit of the Public Purse, the court will add an application to recover these costs as well as the costs of the translation of the applicant's and court's applications and enclosures, to the application of the creditor.

    Samples of applications and also a list of documents that have to be enclosed are available at district courts and you should contact them (always contact the court that has the jurisdiction over the area in Poland where the persons entitled to child maintenance/alimony resides).  District courts provide complete information about necessary steps  to have the judgment enforced abroad.

    A district court examines the correctness of the submitted application and enclosed documents and orders their translation into the English language and the legalization by the Canadian Embassy in Warszawa at the cost of the Public Purse.

    The documents that have been prepared in such are way are sent by the Polish court to a specified province by hand of the proper Polish consular office.

    After conducting explanatory proceedings, the Canadian provincial court, which has received an application for the recognition of the decree of the Polish court in regard to the child maintenance/alimony case, registers the decree and notifies the party that has an obligation to pay child maintenance/alimony.  The said decree becomes also the decree of the Canadian provincial court with all legal consequences for the obligated party (he/she can use a remedy at law - an appeal) on the day the obligated party receives a notice about the issuance of such a decree (the date of acceptance of the letter or the date of acknowledgement).  However, only after exhausting an appeal option, the decree becomes enforceable and the payment of child maintenance/alimony can take place.

    In practice, it may turn out that the child maintenance/alimony is not paid and then it will be necessary to take additional steps to enforce the payment of child maintenance/alimony by starting court execution proceedings at the place where the obligated party resides.

    A more detailed information on possibilities to enforce the payment of child maintenance/alimony from persons residing in designated Canadian provinces is available in district courts in Poland.

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