Abstract

Art. 598⁵ § 5 of the Code of Civil Procedure excludes application of its Art. 577 in the proceeding for the return of a child under the 1980 Hague Child Abduction Convention. The scope of this exclusion is not clear. The interpretation of the relevant provisions leads to the conclusion, which is in line with the latest jurisprudence of the Supreme Court, that Under Art. 577 of the Code of Civil Procedure it is inadmissible to change or cancel the decision ordering the return of a child abroad, as well as the decision dismissing the application for issuing such order. On the other hand, the court’s decision on enforcement of a return order by a court-appointed guardian may be changed or cancelled. This may occur only in exceptional cases, taking into account the guidelines developed in the case law of the Supreme Court and the European Court of Human Rights.