January was decidedly defined by (thoroughly enjoyable!) consultations on international matters. And while every case is different, certain questions and moments of surprise come up again and again. So today, flicking through my notes from those meetings \u2014 five things about family proceedings in Poland that tend to surprise people the most.<\/p>\n\n\n\n
“I want it all\u2026 I want it now!” (or at least in the foreseeable future)<\/strong><\/p>\n\n\n\n I don’t think I know a single lawyer who would claim that court proceedings in their country are handled quickly and efficiently. Even so, it always makes an impression when I mention that I’m quietly hoping the case I’m running \u2014 about obtaining permission for a child’s school choice \u2014 might wrap up\u2026 before the child’s prom. Interim orders don’t come through overnight either (and rarely within a week).<\/p>\n\n\n\n Testimony is given orally<\/strong><\/p>\n\n\n\n Written statements are the exception, which tends to surprise clients from the UK and US in particular. In Poland, the emphasis is on appearing in person before the court.<\/p>\n\n\n\n For foreign nationals who understand Polish, this can be quite an exotic experience: hearing your own story told in an entirely different version \u2014 courtesy of occasionally questionable courtroom interpretation.<\/p>\n\n\n\n Not every hearing means a trip to Poland<\/strong><\/p>\n\n\n\n One legacy of the pandemic has been the courts’ openness to online hearings. In practice, questions can sometimes arise when a party is abroad at the time of the hearing, so remote participation usually needs to be arranged and planned in advance \u2014 but with the right arguments, it’s very much within reach. And there’s something rather romantic about logging in at 4:30 a.m. from Manhattan to join a court in Gdynia.<\/p>\n\n\n\n Documents must be filed in paper form (with some exceptions)<\/strong><\/p>\n\n\n\n Once, while preparing a legal opinion for a court in the United Kingdom in a Hague Convention case, I realised a few days before the deadline that I wouldn’t be able to deliver it to the instructing solicitor by post or courier in time \u2014 which caused a mild panic.<\/p>\n\n\n\n My British colleague was equally puzzled when I asked her for detailed instructions on how to send the document, since she had my email address and assumed I’d simply send her a scanned copy. In Poland, the procedure (with certain exceptions \u2014 but more on that another time) is very much paper-based.<\/p>\n\n\n\n One family situation = several separate proceedings<\/strong><\/p>\n\n\n\n Schooling, contact arrangements, child maintenance, and protective measures in cases of domestic violence are each handled in separate proceedings \u2014 often running in parallel and before different judges.<\/p>\n\n\n\n For those accustomed to a more “holistic” approach, this is often one of the biggest surprises. What happens if each of those judges assesses the same facts and circumstances differently?<\/p>\n\n\n\n Why does this matter?<\/strong><\/p>\n\n\n\n In cases involving multicultural families, time, logistics, costs, and planning for life after the proceedings all carry significant weight. A good strategy starts with understanding local realities \u2014 before a dispute arises or court action becomes necessary.<\/p>\n","protected":false},"excerpt":{"rendered":" January was decidedly defined by (thoroughly enjoyable!) consultations on international matters. 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