Abstract

The article aims to answer two questions. First, whether it is admissible to change the order for the return of the child taken under the Hague Convention on the Civil Aspects of International Child Abduction. Second, whether it is in the jurisdiction of the Polish court to consider the motion for the change of the order for the return of the child taken under the Hague Convention if the child has been abducted to Poland from another Member State. The article provides arguments in favour of admissibility of changing the order for the return of the child taken under the Hague Convention. In the opinion of the author the view expressed in the Supreme Court caselaw, according to which jurisdiction of the Polish courts to make orders concerning the return of the child taken to the Republic of Poland is based on Art. 10 and 12 of the Hague Convention, still stands. The above legal basis has been supplemented with Art. 11.1 of Council (CE) Regulation No 2201/2003 of 27.11.2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.