International families are becoming increasingly common. When an international couple separates, complex questions may quickly arise regarding child custody, parental responsibility, contact arrangements, or even the country in which the child will live.

In an international context, the applicable legal rules often differ from those governing a purely domestic divorce or separation. It is therefore essential to understand which courts have jurisdiction and what rights each parent has.

International divorce: which court has jurisdiction to decide child custody?

Contrary to a common misconception, the nationality of the parents or the child does not automatically determine which court has jurisdiction. In matters relating to child custody, the courts primarily consider the child’s habitual residence. This refers to the place where the child actually lives, attends school, develops social relationships, and has the centre of their family life.

Accordingly, if a child habitually resides in a foreign country, the courts of that country will generally have jurisdiction to decide matters relating to parental responsibility, the child’s residence, and contact arrangements. Conversely, where the child mainly lives in Poland, the Polish courts will usually have jurisdiction.

Shared custody between a foreign country and Poland: is it possible?

Many parents wish to establish shared custody after their separation. In an international context, however, this arrangement may be difficult to organise due to the distance between the two countries.

Judges always assess the child’s best interests. They take into account, among other factors:

• the child’s age;
• the child’s schooling;
• the child’s emotional stability;
• the distance between the parents’ homes;
• the parents’ ability to cooperate.

In certain situations, international shared custody may be possible, particularly where the parents live relatively close to one another or where longer periods with each parent can be arranged during school holidays.

Contact arrangements when parents live in different countries

Where one parent lives in a foreign country and the other in Poland, it is essential to establish clear arrangements for maintaining contact with the child. Parenting agreements or court decisions often specify:

• how school holidays will be divided;
• arrangements for Christmas and other holiday periods;
• transportation arrangements for the child;
• responsibility for travel expenses;
• regular telephone and video calls.

The more detailed these arrangements are, the lower the risk of future disputes.

Can a parent move with the child to a foreign country or to Poland without the other parent’s consent?

This issue frequently arises in international families. Where both parents jointly exercise parental responsibility, permanently relocating the child’s residence to another country will generally require the consent of the other parent or authorisation from the court.

An international relocation carried out without prior consent may have significant legal consequences and may be considered an unlawful removal of the child.

International parental child abduction

International parental child abduction is one of the most complex issues in international family law.

It may occur when one parent takes the child to another country without the other parent’s consent or refuses to return the child after a temporary stay. In such situations, international legal mechanisms are available to seek the child’s prompt return to their country of habitual residence.

Acting without delay is often essential to protect parental rights and minimise the consequences of the dispute.

What factors may be decisive before the court?

In international child custody disputes, the courts will typically examine:

• the living conditions offered by each parent;
• each parent’s actual involvement in the child’s upbringing;
• the child’s emotional and educational needs;
• the child’s family ties in each country;
• each parent’s willingness and ability to encourage the child’s relationship with the other parent.